Traffic citations are an unsettling experience, and that includes DUI (also DWI, OWI, or whatever). Between the uncertainty of what will happen with your driver’s license to the prospect of going to jail, it is a scary period of time after receiving a DUI citation. I am a Maryland DUI attorney, Virginia DUI attorney, and DC DUI attorney. While this article is geared towards those jurisdictions, it is not legal advice and should not be treated as such. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states.
What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI.
The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency (for example, the Department of Motor Vehicles in DC and Virginia, and Motor Vehicle Administration in Maryland) will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.
In both cases, the criminal case and the administrative case, there are ways to defend against the possible punishments. By way of example, you or your DUI attorney can challenge the legality of the traffic stop, argue that the officer had no probable cause to arrest you, that you were given improper or inadequate implied consent warnings, or that the blood alcohol content tests were improperly administered. This is not an exhaustive list and the list of defenses available to you will depend on the specific circumstances of your case.
It is important to note that DUI laws vary tremendously depending on your location. Winning in the criminal case or the administrative case is difficult, but not impossible.
Tags: Claws On law, Law Articel