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DMV Hearings

DMV Hearings & Ambien DUI Cases

In all states and Washington D.C., when a driver is charged with a DUI (alcohol or drug related), his/her driver’s license will be immediately suspended. Law enforcement will confiscate the driver’s license and provide him/her with a temporary 30-day license. The driver will have 10 days from the date he/she is issued the temporary license to request an administrative hearing with the DMV. In some states, such as Maryland as the MVA is where your hearing will be as they refer to it as the MVA. The hearing will provide the driver the opportunity to protest the pending license suspension.

Our DUI legal team is standing by ready to help. They offer free consultations and serve the entire country including California, Texas, Florida, Ohio, Georgia, Virginia, Pennsylvania, New York, New Jersey and the rest of the United States.

For a first-time DUI offender, a driver’s license will be suspended up to 6 to 10 months. A driver’s license will be suspended up to one year if the driver refused to take a chemical test. The license may also be suspended for a longer period if the driver was previously convicted for drunk driving within ten years of the new charge. Note, the administrative proceeding is separate from the criminal proceeding. We highly recommend you obtain legal counsel to represent you. An experienced Virginia Ambien DUI attorney can help have the DUI charge asserted against you reduced or completely dismissed. The attorney can also challenge the evidence presented at the administrative hearing and help you get your driving privileges reinstated.

At the administrative hearing, the judge will examine the following evidence in determining whether to grant a license suspension:

  1. Whether the police officer has reasonable suspicion to stop your vehicle.
  2. Whether the police officer had probable cause to arrest you for impaired driving.
  3. Whether you voluntarily consumed Ambien prior to operating a motor vehicle.
  4. Whether you understood the implied consent warning provided by the officer.

It is best to immediately file a claim to have your driver’s license reinstated prior to the settlement of your criminal matter. For example, if you are convicted of a DUI for Ambien, evidence regarding the guilty verdict can be reviewed during the administrative hearing. It is best to lessen the impact the criminal matter will have on your administrative hearing.

In the criminal matter, the prosecution will have the burden to prove that you were impaired while driving. The burden of proof is easier satisfied in a DMV proceeding than a criminal case. The prosecution must prove by a preponderance of the evidence that the arresting officer had a reasonable belief that you were driving under the influence of Ambien. In addition, the evidence must prove that you were lawfully arrested and you refused to take the chemical test.

The consequences of an administrative hearing can be severe. Do not attend the hearing without first consulting with an experienced attorney. We can work with you to reduce or eliminate the consequences associated with refusing a chemical test. Do not delay in requesting a hearing before the DMV. Doing so could jeopardize your privilege to drive for up to one year. Having your license suspended may also raise your insurance rates. Contact our Ambien DUI defense lawyers today for a consultation. We will review your case and provide you with legal guidance on how to handle both your criminal and civil law matter.