After being arrested for driving under the influence of alcohol or any other intoxicating substance, the suspect will have to defend two cases that are independent of each other. One case is from the department of vehicles (DMV), and the other is associated with the criminal court. The DMV-related case is majorly focused on the suspension of your driving license by analyzing the legality of the law enforcement detainment and your BAC level.
On the other hand, the criminal court will analyze all aspects of your case and pass a sentence that is tied to penalties of fines, imprisonment, and more. Generally, these cases are complex, and the relevant laws are also hard to comprehend. Therefore, you need a Knoxville DUI attorney to help to defend your rights and represent you in court.
No matter your state of origin, a DUI charge in the United States is a serious crime and can be punishable in two distinct cases. While both cases are based on the arrest for intoxicated driving, a win for one case doesn’t lead to an automatic dismissal of the other case.
The most time-sensitive case of the two is the one that involves DMV hearing. You have only ten days from the date you got arrested for requesting your hearing to be scheduled. The sole purpose of this hearing is to determine whether or not your driving license will remain suspended for a specified period. Remember, after you get arrested, your license will be suspended for a couple of months. After the hearing, the DMV might choose to revoke the suspension if they establish that there was no probable cause for an arrest.
During the hearing, the DMV will make the following considerations.
- Did the law enforcement officer have a probable cause to arrest the suspect?
- Was the accused driving after consuming alcohol that resulted in a blood alcohol content that exceeds the legal limit?
- Was the accused willingly to take a chemical or breathe test?
- Does the accused understand the specific penalties of refusing to take a chemical or blood test?
If it’s established that any of these instances are in violation of the relevant law, the license suspension will be lifted.
The law allows a suspect to retain the services of a DUI lawyer to defend your rights during the hearing. Your legal representative has similar abilities they would have if they were to defend someone in a criminal court. The lawyer can challenge the evidence in different ways, subpoena or cross-examine witnesses, and testify on your behalf. Within a period of 14 days of the hearing, the Department of Motor Vehicles. Will send a mail with their decision to you.
Unlike the DMV hearing, the criminal court has a maximum of a year to file a case against you. Your lawyer should gather all relevant pieces of evidence. Sometimes, it is possible to establish some violations on the part of the prosecution. This makes it possible to get your charges dropped.
