Frequently when we meet with new clients charged with DUI, we are asked if they should request a DMV Hearing.  If a person took a breath test and the result is over .08 or the person refused testing, most likely the police officer kept their driver's license and issued a Notice of Revocation.  This Notice serves as a temporary permit which is good for 7 days.  The hearing must be requested, in writing, within this 7 day period.  If you took a blood test, most likely the officer returned your driver's license; However, you may not be out of the woods because if the result of the blood test is over .08, you may get a letter from the DMV informing you that your license will be revoked unless you request a hearing by the date listed in the letter.  When you request the Hearing, assuming your driver's license is valid and not under suspension or revocation, you will be given a temporary permit that you can drive on until the date of the hearing.

In most circumstances, we advise our clients to request the hearing.  This will give an attorney time to properly investigate the case to see if there are legal issues that can be presented to avoid the revocation.  Also we have had a number of cases where the officer didn't appear at the hearing and our clients had their license returned to them and avoided the revocation.  Had they not requested the hearing, the revocation would have gone into effect automatically.

If you have been charged with a DUI, waiting to deal with your case until a few days before your court date may be too late.  It is critical that you look very carefully at the papers you were given and talk to an experienced lawyer right away. 

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