If a police officer confiscates your driver’s license as a result of a DUI charge, the Driver License Division allows you to request a hearing on whether or not to suspend your license within 10 days. While this may be the least of your worries when facing a DUI charge, this is a very important step, as it will give you (or your attorney) a glimpse as to what evidence will be used against you at trial. It also is essential if you wish to have your license returned to you.
When it comes time for the actual hearing, you should have an attorney with you to represent you and make sure your interests are protected. Along with you and your attorney, there will also be a Driver’s License Hearing Officer and the law enforcement officer who arrested you present. The law enforcement officer will explain the circumstances leading up to the arrest. Your attorney (or you if you represent yourself) will then have a chance to cross-examine the officer and present any evidence that will support your case. It is very important to remember, however, that your statements made during this hearing can be used against you in your criminal case.
To request a DMV hearing, fill out the form from the following link and mail it into the Department of Public Safety, Driver License Division: