Columbia DUI Hearing Process

DUI charges can be difficult to navigate for a variety of reasons. There are complexities and unique aspects of the trial process that can be hard to decipher, without the proper legal background. If you need help navigating the Columbia DUI hearing process, consult a qualified DUI attorney that could guide you. Work with an accomplished attorney that could pursue a positive outcome for you.

Process of Challenging a License Suspension

During a general Columbia DUI hearing process, individuals often file for an implied consent hearing. When they file for the implied consent hearing, there is a contested case hearing. It is scheduled with a hearing officer to preside over it by statute. There are requirements listed in that statute that say specifically what the police officers need to prove during that hearing and to say that their rights were not violated in, taking or suspending a person’s driver’s license. The suspension of the license is upheld if a person has never used it before. They get one in their lifetime. The restricted license route will allow them to drive to and from either work or school. Generally, they have to provide proof to get a license that will allow them to continue to drive so they do not lose their job or get kicked out of school.

Applying for a Restricted License

Once they file for a contested case hearing, they are given a receipt and the information gets sent to the DMV. They can get a temporary alcohol restricted license, which is called a TARL. If the suspension has been upheld and they have had the hearing and lost, they can try to get, if it is the first time they have used it, a route restricted license to go to and from work. It is always available if they have never used it before. Generally, it is held until the person losses their administrative hearing suspension to the contested case hearing. Obtaining an official Columbia ID card depends on where the person is in the Columbia DUI hearing process. Depending on the case, it applies to attorneys, as well. The Department of Motor Vehicles is where a person obtains their driver’s license.

Formal Review Hearing Process

After the requested case hearing has been filed and scheduled, the attorney and the defendant appear before the hearing officer. The hearing officer will take testimony from the arresting officer. If the arresting officer does not appear in court for the contested case hearing, the defense attorney and the defendant are notified that they have won through the burden of proof, because there has been no testimony provided by the police. That is important in the sense that during that hearing when the officers testify, the officer knows that he has those requirements that are listed in that statute. They are very specific and they need to check all the boxes that they have done, X, Y, and Z to comply with the statute. If they have not, the defense attorney can make a motion to dismiss the suspension.

Steps to Take After Requesting a Formal Review Hearing

Once someone has requested a formal review hearing, they need to get their temporary alcohol restricted license, they need to make sure that they will no longer drink and drive, and they cannot leave the state. They must comply with all traffic laws because at this point they are on a temporary license. If a person gets pulled over for a traffic stop and an officer sees that they have a temporary alcohol restricted license, the likelihood that the officer suspects that the person is impaired will be much higher and could lead to a lot of bad things. The officer might investigate much further where they otherwise would not have look any further. If an individual wants to know more about what they should do during the Columbia DUI hearing process, they should consult a qualified DUI attorney that could answer their questions and guide them through this process.