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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. The hearings of the DMV are conducted or governed differently from the DUI hearings, since the DMV hearings deal with the circumstances surrounding your DUI arrest and which will determine whether you are keep you license or not and DUI hearings determine whether you are guilty of drunk driving of not. The circumstances checked on by DMV hearings are your behavior towards your arresting officer and your lawful due of a rightly conduct at the time of arrest. In case both the DMV and the DUI hearings uncovers’ different results, the DUI charge would have the final determination in case of an acquittal. In other words, the suspension of your driver’s license will have to be reviewed and revised to equal the DUI acquittal. However, if the DUI pronounces a guilty sentence on the arrested person, it will not be the same for the DMV. If the DMV rules in favor of your keeping your license, then it will stand despite the guilty ruling of the DUI, but in this case your license will be under restrictions. If found guilty of DUI, a person is suspended for thirty days and after that he is allowed to drive under with restricted license under restricted rules. This includes undergoing a DUI treatment program where filing a proof of financial responsibility is included and a reissuing fee to have your license back.
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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. Since the driver was not driving a commercial vehicle when the incident happened, then he will still be allowed to drive to and from work, and to and from the DUI treatment program.
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If after ten years a second DUI offense occurs, the driver can still acquire a restricted license after the mandatory submission of exactly the same proof of enrollment in a DUI treatment program and other documents that has been mentioned above. This time, it will also include an alcohol program. For a third offense, you are no longer entitled to a restricted license.