DMV HEARING ATTORNEY

In North Carolina, you may have the opportunity to a DMV hearing before your license is suspended, or have a hearing in order to restore your license. DMV hearings are offered in a variety of circumstances. Often, revocations and restorations are related to a Driving While Impaired (DWI) offense. If you refused to give a breath sample when asked by the officer who pulled you over, you may be entitled to a refusal hearing. If you have been convicted of a DWI and you license has been suspended, you may request a hearing after two years into your four year suspension. There are also circumstances in which you may have an interlock device in your vehicle. If you should fail the breath-test while driving, you are also entitled to a hearing before suspension. Below are the types of DMV Hearing opportunities in more detail:

  1. Refusal Hearing
    • A refusal hearing occurs when you refuse to provide a breath sample after you have been stopped for a DWI. A refusal could occur for two reasons.
      • (a) you did not blow into the breathalyzer at all, or
      • (b) you blew, but the officer could not get an adequate sample.
    • At the hearing the officer will generally be present to testify as to their version of events, and you are given an opportunity to tell the hearing officer what happened from your point of view. This is also a good opportunity to have an attorney cross-examine the officer on your case. Win or lose on the hearing, an attorney can begin to prepare your DWI case (perhaps trial) based on what the officer is testifying to.
  2. License Restoration DMV Hearing
    • A Drivers License Restoration Hearing can occur once you are two years into your four year revocation period. The hearing officer is generally looking for three witnesses who can testify that you have not consumed any alcohol and that you are a productive member of society. Often times the hearing officer wants to see involvement in an alcohol support group such as Alcoholics Anonymous. They may even ask you when you last consumed alcohol, or ask your witnesses when they last saw you take a drink. It will be important for an attorney to prepare your witnesses before going into the hearing.
  3. Interlock Revocation HearingWhen you have an Interlock device, or the “blow-and-go” installed in your vehicle after a DWI conviction, you start to realize they are entirely temperamental. Smoking, mouth wash, or even certain types of gum can set off a positive reading.
    • It is often that a failed test results from something other than alcohol. However, a failed test may result in a friendly suspension letter sent from the DMV.
    • In this case, it is important that you have an DMV Hearing Attorney who understands your circumstances and can argue to the hearing officer why and how the test was failed.
There are several more instances in which the DMV may suspend your license and offer you a DMV hearing however, these are the most common. It is important to have a DMV Hearing Attorney who knows the law, the hearing officers, and what you should expect from them. Contact our Guilford County DMV Hearing Attorneys today for a FREE Consultation! Call us at 336-379-0539 or contact us to schedule a free, in-depth consultation with our experienced lawyers.

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