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Administrative suspension due to unlawful BAC or test refusal

Posted by attorney Gregory Wagner

If you have been charged with DUI and your license has been taken by police officer then you have 10 days to apply for a Formal Review hearing to ask DHSMV to set aside suspension. The application can be obtained from the Bureau of Administrative Review. Ask your local Drivers License office to fine closest office or an experienced lawyer will have them in their office. Must be filed within 10 days of citation.along with copy of DUI ticket and $25 fee.

If the 10th day is weekend or holiday you have until next day. Request Formal rather than informal hearing. You hearing must be set within 30 days of application.At hearing you or preferably your attorney will examine the documents to make sure they are proper in form and content. An attorney with experience is needed to know what to look for and the motions that need to be made. If you win the hearing the administrative suspension will be set aside and your license reinstated at a minimum cost. If you lose then a Writ of Certiori needs to be file with the court who will review the record to determine if a legal decision was made and if not they could reverse the decision ordering the department to reinstate DL privilege.

Additional resources provided by the author

Read back of DUIcitation for directions

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