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DMV and DUI Hearings and Its Resultant Consequences Because no person shall be deprived of property without due process of law, it is still necessary to undergo a DMV (Department of Motor Vehicles) hearing despite the fact that you have already been scheduled to appear in court for the DUI (Driving Under the Influence) charge. What is involved in DMV hearings, which are really administrative proceedings, is to determine whether they will hand you the right to keep your driver’s license or for the DMV to revoke it, whether you are guilty or not of DUI charges. There is a difference in the conduct of hearing between the DUI and DMV hearings in how it is governed and conducted for while DUI hearings will deal on whether you are guilt or not of the charges, the DMV hearings will check the circumstances that led to the charge and determine if your license will be suspended or be given back. DMV hearings mostly check on how you responded to the arresting officer and how you have behaved throughout the arrest situation. If there are different findings between the DUI and DMV hearings, the DUI ruling will be followed in case of the acquittal. In case the DUI acquits the driver and the DMV does not, then the DMV will have to review and revise the suspension order so that it will have the same ruling as the DUI acquittal. The situation is not the same with acquittal if the arrested person is pronounced guilty of the act by the DUI court. If the DMV rules in favor of your keeping your license, then despite the guilty charge of the DUI court, the DMV ruling stands except that your license will be put under restrictions. After the guilty verdict, the convicted person will have a mandatory thirty day suspension after which he will be able to drive under restricted rules with his restricted license. In a restricted state, the person is required to undergo a DUI treatment program, he has to file a proof of financial responsibility, and if he wants to gain his full license back, he has to pay a reissuing fee.
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The targets of this restricted license are those who have a commercial driver’s license and at the time of the incident the felon is not operating a commercial vehicle. Thus, he can still drive his commercial vehicle and at the same time go to the DUI treatment program.
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After ten years, if the same driver commits and is guilty of another DUI offense, he can still get a restricted license and undergo the same DUI treatment program and he should still submit the same document requirements as he had done years before. But this time around, the driver this restriction would include an alcohol program. For a third offense, you are no longer entitled to a restricted license.