South Carolina DMV Hearing
If you are arrested and charged with a DUI offense, then you could suffer from many various penalties such as license suspension, fines, jail time, and many others. It is important for you to understand the relationship between your DUI arrest and the DMV. The department of motor vehicles is the entity that either will or will not have your license suspended. This means that even if you are found innocent in trial, the DMV could still have your driver's license suspended. It is important that you understand your rights to a DMV hearing, and how this can benefit you.
If you are arrested, then a DMV hearing may help prevent license suspension in your case. The various issues that are addressed in this administrative proceeding include the following:
- Were you lawfully stopped by the officer? Did they have probable cause?
- Were you lawfully arrested? Did they correctly read your Miranda rights before the arrest?
- Was your BAC above the legal limit? Did the law enforement officer take a breath, blood, or urine sample?
- Was the test properly administrated under South Carolina law?
- Were you the individual operating the vehicle? Were there others in the vehicle?
- Were you involved in an accident prior to the arrest?
There are many issues that could arise in this process, and it is important that you have experienced representation by a Lexington SC attorney that can contest these issues and help you pursue reinstatement or protection of your driver's license.