What Can I Expect At My DUII Hearing?
A court hearing can be a nerve-wracking experience. However, with the assistance of a DUII attorney, you can help ease your nerves during your hearing. Depending on the state in which you live, the court procedures involving a DUII arrest may differ. However, in an administrative court hearing, you can ultimately expect one of two sets of penalties.
Most states in the U.S. have an administrative procedure put in place by the Department of Motor Vehicles. This procedure determines that your license should either be suspended at the time of your arrest under suspicion of DUII or that your license should be confiscated by the court and replaced with a temporary license lasting for a period of 30 days.
Depending on the type of hearing that will be taking place, your criminal defense lawyers may suggest that you do not attend the hearing as it may be in your best interest. This is sometimes due to the fact that DUII hearings may not be run by a judge, but instead, may be run by personnel from the DMV.
In addition to the administrative procedure involving your license suspension in the event that you have failed to pass a field sobriety test or breathalyzer test, you can also have your license suspended if you refuse to submit either test or a BAC test (according to the State of Oregon, a BAC of .08% or higher calls for a DUII arrest). However, this depends on the implied consent laws in your state, which you sign at the time you receive your driver’s license.
At a preliminary hearing, you will not be judged on your guilt or innocence. Rather, a judge, the prosecutor in the case, and your criminal defense lawyers will determine whether or not there is enough evidence in order to take your DUII case to trial. While you may not need to attend the former hearing, you will need to attend the preliminary hearing.
In order to ease your nerves, discuss the court procedure and what will happen during both the preliminary hearing and the event of trial with your DUII attorney. A court hearing may be a nerve-wracking experience, but it can be easier to handle if you know what you’re expecting and you hear the information from an experienced lawyer.