What Issues are Addressed During a DMV Hearing?

In Illinois, when you are arrested for DUI and driving with a blood alcohol level over 0.08 percent, you will be issued a temporary driver’s license. Drivers have ten (10) days to request a DMV hearing or they automatically lose their driver’s license pending the criminal investigation. Most drivers who are arrested for DUI don’t take the time to read the small print on the paperwork they received at the police station, and miss scheduling the hearing and lose their license.

When you consult with a DUI attorney right after your arrest, they will make certain you do not waive your rights to the hearing or contest the suspension by not filing the request in time.

These are three of the issues that will be addressed by the hearing officer during a DMV hearing;

1. Arresting Officer Has Reasonable Cause

The first issue that will be discussed at the DMV hearing is whether the officer had enough cause to believe the driver was in violation of the drunk-driving codes in Illinois. Your DUI attorney needs as much time as possible between the arrest and the hearing to be able to poke holes in the prosecution defense and the evidence the officer collected at the scene of the DUI arrest.

The day that you contact your DUI attorney, they will get working to request the hearing, the stay, then all the discovery. By discovery, your attorney is going to request a copy of the police report from the night of the arrest, blood and breath test results, and the DVD of the audio and video made during the arrest.

This evidence is crucial for your attorney to be able to subpoena more evidence like blood test evidence, accuracy and calibration testing equipment records, as well as getting the arresting officer on the stand to answer questions. The DMV hearing is an opportunity for your DUI lawyer to uncover a mountain of potential evidence that can be used to poke many holes into the evidence presented by the prosecution’s case. Your DUI attorney is going to use the DMV hearing as a chance to ferret out unreliable evidence.

2. Legal Arrest of the Driver

The next issue that will be addressed at the DMV hearing is whether or not the driver was legally arrested. Luckily for your attorney, there will be documentation from the time the officer first spotted the vehicle to when the blood alcohol test was administered. The bad news, this mountain of evidence does take a considerable amount of time to carefully analyze. Your DUI attorney has decades experience in being able to identify instances where the arresting officer made a mistake and where the rights of the driver were not upheld.

Starting with the surveillance video when the officer observed driving patterns that lead them to think the driver was under the influence, your attorney is going to carefully look to see what lead to your car being pulled over. Regardless if the officer observed the car swerving, drifting, or weaving, there could be a medical reason for the occurrence or it could have simply been the result of the driver being tired or distracted.

3. Driving With 0.08 Blood Alcohol or Higher

Another issue that will be addressed at the DMV hearing is how high above the legal limit was your blood alcohol level. During your DUI stop, the arresting officer will have also conducted several field sobriety tests in their determination of whether or not you were driving impaired. When the officer wanted to test your blood alcohol level, they asked would you prefer to take a breath or blood test. Legally you have the right to choose one over the other, or refuse both. The refusal will negatively impact your case because you are in a sense giving up your privilege to operate a motor vehicle in the future.

Your attorney will try to dispute the test results or argue the refusal if needed. If you are able to win the DMV hearing, then you are going to receive an order of reinstatement that shows the DMV did rule in your favor at the hearing. Lose the hearing, your suspension is reinstated, you lose your driving privilege, and the criminal case awaits. The more time that you can give your DUI attorney, the better chance they will have to analyze all the evidence.

These issues that are addressed at the DMV hearing will determine if and for how long your driving privileges could be revoked. Not only is it imperative to schedule this hearing, but bringing along a skilled DUI attorney could make all the difference in your ability to operate a motor vehicle being taken away or you being able to beat the case.

FAQ: Illinois DMV Hearing (10-Day Deadline & What Happens at the Hearing)

1) What happens to my license after a DUI arrest in Illinois?

If you are arrested for DUI in Illinois and have a blood alcohol level over 0.08%, you will typically be issued a temporary driver’s license. However, you must act quickly to protect your driving privileges.

2) How long do I have to request a DMV hearing after a DUI arrest in Illinois?

You have 10 days to request a DMV hearing. If you do not request the hearing within that time, you can automatically lose your driver’s license while the criminal case is still pending.

3) Why do many drivers lose their license after a DUI arrest?

Many drivers miss the deadline because they don’t read the small print on the paperwork they receive at the police station. As a result, they fail to schedule the DMV hearing and lose their license.

4) How can a DUI attorney help after my arrest?

A DUI attorney can help immediately by making sure you do not waive your right to a hearing. They can request the DMV hearing on time and begin preparing a defense to contest the suspension.

5) What issues are decided at an Illinois DMV hearing?

According to the content, three key issues are addressed during the DMV hearing:

1. Whether the officer had reasonable cause

2. Whether the driver was legally arrested

3. Whether the driver was driving with a BAC of 0.08 or higher

6) What does “reasonable cause” mean in a DMV DUI hearing?

Reasonable cause refers to whether the arresting officer had enough reason to believe the driver was violating Illinois drunk-driving laws. Your attorney may challenge the officer’s reasoning and the evidence collected during the stop.

7) What evidence can a DUI lawyer request before the DMV hearing?

Your attorney may request discovery materials such as:

• Police report from the arrest

• Breath or blood test results

• Audio/video recordings (DVD) from the arrest

This evidence can help your lawyer identify weaknesses or unreliable evidence.

8) Why is discovery important for a DUI DMV hearing?

Discovery gives your attorney the opportunity to uncover evidence that may help dispute the suspension. It may also lead to additional requests such as:

• Calibration and accuracy records for testing equipment

• Blood test evidence

• Subpoenaing the arresting officer to testify

9) What does it mean if the DMV hearing questions whether the arrest was legal?

The DMV hearing will examine whether the driver was legally arrested based on what occurred from the initial observation to the time testing was administered. Attorneys may look for mistakes or violations of the driver’s rights.

10) Can driving behavior be explained by something other than intoxication?

Yes. The content explains that behaviors like swerving, drifting, or weaving may have other explanations, including:

• A medical condition

• Fatigue

• Distraction

A DUI attorney may use these explanations to challenge the stop and arrest.

11) What does the DMV hearing consider about BAC over 0.08?

The hearing officer will consider how far above the legal limit the driver’s BAC was. This may include reviewing breath or blood test results, along with field sobriety testing used during the stop.

12) Can I choose between a breath test or blood test in Illinois?

According to the content, a driver may be offered the choice of breath or blood testing and may also refuse testing. However, refusal can negatively impact the case.

13) What happens if I refuse breath and blood testing?

Refusing both tests can harm your case and may lead to losing driving privileges. The content explains refusal is viewed as giving up the privilege to operate a motor vehicle in the future.

14) What happens if I win the DMV hearing?

If you win the DMV hearing, you may receive an order of reinstatement, showing the DMV ruled in your favor and allowing you to keep your driving privileges.

15) What happens if I lose the DMV hearing?

If you lose, the suspension is reinstated, you lose driving privileges, and the criminal DUI case continues.

16) Why is it important to hire a DUI attorney quickly for a DMV hearing?

Because the more time your attorney has, the better they can analyze the evidence, request discovery, subpoena records, and build arguments to challenge the suspension and the prosecution’s case.