A DMV hearing is a person's chance to give his or her testimony regarding the arrest and provide any evidence. It's an administrative procedure, not a criminal hearing, so a person won't be declared innocent or guilty at this time. People can bring an attorney with them, but this hearing must be scheduled within 10 days of the arrest.
How accurate are breathalyzer tests?
Breathalyzers are commonly used and widely accepted, but have some faults. Alcohol-containing substances in the mouth, like mouthwash or stomach acid, could result in a falsely high reading. Some devices can malfunction, or may be incorrectly calibrated. Blood tests are the most accurate tests.
How long does it usually take to resolve a DUI case?
For a misdemeanor, a speedy trial should take 90 days, but most cases are resolved in three to six months.
For a felony, a speedy trial should take 175 days, and most cases are resolved in five to seven months.
In bigger cities or larger population areas, felonies might take several years to resolve.
How long does a DUI stay on someone's record?
A DUI will stay on someone's record for at least five years, and could be longer depending on which state the person lives in.
What is a felony DUI?
Different states define felonies differently. Some common ways a DUI can be elevated from a misdemeanor to a felony include:
If someone was injured.
If your BAC is elevated to a certain limit set by law. This limit is usually around .16.
If there are children in the vehicle.
If the driver has prior DUIs.
If the driver's license is suspended, revoked or restricted.