DMV and DUI Hearings and Its Resultant Consequences People who are charged with DUI are not readily deprived of their driver’s license or their vehicle if they have not undergone due process in the form of a DMV hearing, even if they are already schedule for a day in court for a DUI charge. DMV hearings do not determine if you are guilty of the DUI act but it is simply an administrative process to determine if you can still keep your driver’s license of if the DMV is to revoke it. There is a difference in the conduct of hearing between the DUI and DMV hearings in how it is governed and conducted for while DUI hearings will deal on whether you are guilt or not of the charges, the DMV hearings will check the circumstances that led to the charge and determine if your license will be suspended or be given back. The circumstances checked on by DMV hearings are your behavior towards your arresting officer and your lawful due of a rightly conduct at the time of arrest. If there are different findings between the DUI and DMV hearings, the DUI ruling will be followed in case of the acquittal. In case the DUI acquits the driver and the DMV does not, then the DMV will have to review and revise the suspension order so that it will have the same ruling as the DUI acquittal. However, if the DUI pronounces a guilty sentence on the arrested person, it will not be the same for the DMV. In this case, the DMV favorable result still stands, meaning that despite your guilt of a criminal act, the person can still retain his/her driver’s license usually under a restricted license. Under the restricted license, the DUI felon would still be allowed after a mandatory thirty day suspension, to drive under restricted rules. In a restricted state, the person is required to undergo a DUI treatment program, he has to file a proof of financial responsibility, and if he wants to gain his full license back, he has to pay a reissuing fee.
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With a felon drives a non-commercial vehicle during the incident but he has a commercial driver’s license, then this is where the restriction comes in. Thus, he can still drive his commercial vehicle and at the same time go to the DUI treatment program.
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If after ten years a second DUI offense occurs, the driver can still acquire a restricted license after the mandatory submission of exactly the same proof of enrollment in a DUI treatment program and other documents that has been mentioned above. In the second offense, an alcohol program will already be included. You cannot apply for any type of restricted license for a third DUI offense.
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