In the overwhelming majority of states, a DUI or DWI arrest automatically means a driver will face the administrative penalty of license suspension. Drivers only have a matter of days to ask for a hearing in which they can present a case as to why their driver's license should be reinstated, or perhaps they should be issued a restricted driver's license. This hearing will not take place in criminal court, however, and is separate from the criminal proceedings altogether. Keep reading to get an overview of how a DMV hearing differs from a criminal trial, and how similarities play in as well.

An Overview of How a DMV Hearing & DUI Trial Are Similar

First of all, there are some similarities between to the two parts of a DUI case, one great similarity being that you can have legal counsel at your DMV hearing, just as in your trial. There is a steeper burden of proof to meet if you want to save your license at the DMV hearing, and having a DUI lawyer on your side could give you an edge. Also, if you bring a lawyer with you, he or she can examine the evidence that is being brought against you, giving them insight into how to build your defense in the criminal case.

This goes along with another parallel: in order to defend your license, you would offer up many of the same defenses that might be available to you in the criminal case. For instance, to justify having your license restored, you might be able to argue that:

• The police officer didn't have probable cause to stop you.
• The officer committed an unlawful arrest.
• DUI test results were unreliable.
• You were not warned of the consequences of test refusal.
• You were said to have refused a DUI test when you in fact did not.

Some of these arguments could come into play in the criminal case.

The Enormous Differences Between a DMV Hearing and a Criminal Trial

Of course, there is a massive distinction between a civil case and a criminal one. One of these is that at the DMV hearing, you will be making your argument before an official, who would decide to give you your license or not, or who would perhaps give you a restricted license. In trial, you would go before a jury or judge, who would then determine your innocence or guilt. Some other key differences include:

• Time: most states only give you 10 days to schedule a hearing; a trial could allow for months of preparation.
• Optional vs.mandatory: you don't have to schedule the DMV hearing, but you can't avoid the necessity of a court hearing to defend against criminal charges.
• Potential penalties: your driver's license is at stake in both, but the DUI trial also threatens your finances, freedom, and future.
• Standard of proof: in the license hearing, it's a preponderance of evidence as opposed to beyond a reasonable doubt.

What is a "preponderance of evidence"? This means that more likely than not, there was probable cause, the arrest was legal, you knew about the consequences of refusal and/or test results were reliable. That is a much lower burden of proof than in a DUI trial, which means it is an uphill battle to save your license at this stage of your case. A DUI lawyer can improve your odds though, particularly if you are aiming for a restricted driver's license.

To learn more about your chances of saving your license and beating your charges, don't hesitate to contact a DUI attorney right away!