In most states, a DUI or DWI arrest means that the person's driving privileges will be suspended. That person only has days, usually less than 2 weeks, in which to save their driver's license by scheduling a DMV hearing. While this has nothing to do with the criminal proceedings that follow a drunk driving charge, this civil case could still require the assistance of a DWI lawyer. Keep reading to learn more about what to expect if your driving privileges are on the line in a DMV hearing.

What's at Stake in the Hearing

At the DMV administrative hearing, you are not dealing with whether you are guilty or innocent. Instead, you need to address certain aspects of the case that affect the validity of the arrest and the license suspension. For instance, the arrest may have been unlawful. You may be able to argue that the officer lacked probable cause to pull you over, and to then suspect that you were intoxicated.

If your license was suspended because you refused a breath or blood test, then you may be able to prove that you were not warned about the consequences of DUI test refusal. Or maybe you did take the chemical test, but could not actually finish it. For instance, an officer could jot down that you refused a test when what actually happened is that you couldn't blow with enough force for the Breathalyzer to get a breath sample.

If the reason for suspending your license was invalid, and you can convince the hearing officer of this, then you could get your driving privileges reinstated.

How do you prove your case at a DMV hearing?

The standard of proof that the DMV has to meet is a "preponderance of evidence", that more likely than not the stop and arrest were lawful, that you knew the penalties of DUI test refusal, or that a test rightfully showed a BAC of .08 or more. This is a lower standard of proof that in a trial, which means that the odds are against you holding onto your driver's license. Even so, you have a number of rights at your disposal that you can assert in order to build a winning case at the DMV. These include the rights to:

• Offer up evidence
• Call in witnesses (you can even use a subpoena to bring them in)
• Hire an attorney

You do not have to use these rights, and in fact, it's not mandatory to have a DMV hearing. It's up to you. You have to schedule this hearing, and it's up to you to give yourself the best possible chances of holding onto your license. Do not hesitate to employ your full rights. Talk to a DUI lawyer today!