PennDOT DMV Administrative Hearings
A DUI charge in Philadelphia, Pennsylvania has two components: criminal as well as an administrative. The criminal aspect of a DUI charge takes place in court and ultimately the judge decides what consequences you will face.
The second aspect of a DUI charge in Pennsylvania has to do with the Pennsylvania Department of Transportation (PennDOT). As a result, the criminal court system as well as PennDOT DMV can suspend your drivers license. This is typically done in the event of an unsuccessful DMV hearing or a criminal court conviction. Meaning that in a DUI criminal case your charges may be dropped, dismissed or reduced but PennDOT can still suspend your license. In the Commonwealth of Pennsylvania, these administrative hearings are held in Harrisburg, PA. PennDOT DMV hearings differ from courtroom trials in that the standard of proof is probable cause as opposed to beyond a reasonable doubt as it is in a criminal setting. The “judge” in a PennDOT hearing is the PennDOT hearing officer and the arresting police officer presents the case to the hearing officer.
At the time of your DUI arrest, the arresting was required to submit a notification to PennDot DMV. PennDOT DMV will then send you a license suspension notice in the mail. According to Pennsylvania DUI law you do have the right to fight your license suspension.
It is not at all wise to face these charges alone. Having experienced legal counsel if if utmost importance and time is of the essence as you only have 30 days from the date you received your license suspension notification to request a hearing with PennDot DMV. If the 30 days passes and you do not request a hearing, or have an attorney do it for you, PennDot will automatically suspend your driving privileges for a period of 12 months.
Several pertinent issues may arise at a PennDOT DMV hearing:
- Who was driving the vehicle at time of arrest?
- Were you legally stopped by police officer?
- Were you legally arrested by the police officer?
- Did you take a Breathalyzer Test or Field Sobriety Test?
- If so, was it administered properly and legally?
- What was your Blood Alcohol Content (BAC) level?
Contact Philadelphia DUI Attorney Handling PennDOT Hearings
If you have been charged with a DUI in the Philadelphia area it makes sense to have a skilled, experienced Philadelphia DUI Defense Lawyer to help you navigate through this multifaceted ordeal. Contact the Philadelphia DUI Attorneys at Jensen Bagnato, P.C. today if you are facing DUI charges and are concerned about losing your driving privileges.
Jensen Bagnato, P.C. offers free consultations to those facing criminal and DUI charges in Philadelphia.
