If you are charged with a DUI, the criminal court process is not the only one that you face. In addition to facing penalties imposed by the criminal courts, you also face penalties imposed by the Department of Motor Vehicles (DMV). This is a separate and oftentimes difficult process than the criminal one.
The DMV does not have certain powers that the criminal court does – for example, they can’t determine that you should serve a jail sentence. However, because the DMV is responsible for giving you your license, they can also take it away. This section of the website discusses the DMV process for those charged of DUI.
The DMV Process
If you are interested in learning the basics of the DMV process and what you will have to do if you are charged with a DUI, check out this page.
DMV vs. Criminal Court
As mentioned above, the DMV does not have the same powers as the criminal court. And the criminal court cannot take the same liberties that the DMV can. You will likely face a court hearing as well as a DMV hearing, but these hearings will be different. You can learn more about the differences between these processes on this page. If you want to attend the DMV hearing and fight your license suspension, there is a certain burden of proof that you will have to prepare for. This differs from a burden of proof in a court of law.
Driver’s License Points
The DMV can decide to have points assessed against a driver’s license. If a person has too many points against their license, their license can be suspended. Understanding which motor vehicle violations and crimes result in which amounts of points is important if you want to keep your license.
Unlike the court, the DMV can suspend your license even if you are not found guilty of DUI. They can determine that you acted recklessly enough that suspending your license is warranted, even if the court says that you are not guilty of DUI. In this section, you can learn more about the DMV license suspension. Of course, your license can eventually be reinstated if it is suspended by the DMV. You can learn more about the process of having a license reinstated on this page.