Administrative Hearing FAQs
The following are frequently asked questions on administrative hearings answered by a DUI attorney in DC. To discuss your case call today and schedule a free consultation.
Who Will Be Present At The Revocation Hearing?
The only people who are present at the revocation hearing are the hearing examiner, the police officer, and either the defendant or the defendant’s attorney. Typically if someone has retained counsel for a revocation case, the defendant will not be present at the hearing, but they certainly have a right to.
A police officer or a representative of whichever police department made the arrest will be there. And then potentially, witnesses could be there if you decide to bring them. However, witnesses need to wait in the hallway. They’re not allowed to listen to the hearing. No one else is present. Usually, only one officer will be there at the hearing. And that officer will testify on behalf of the other officers if necessary.
Would My Administrative Suspension Be Part of My Public Record?
There is a public record in that a transcript of this hearing can be requested and paid for at the DMV, and a revocation will go on your driving record, your driving history. That history will be provided to your insurer on demand, and is also available online at the DMV website for a fee. However, members of the public will not be able to go online and listen to your hearing or look up your driving record for the most part.
Who Holds The Revocation Hearings?
A Department of Motor Vehicles hearing examiner presides over the hearing. He or she plays a role similar to a judge in the criminal trial. Not exactly the same but they are essentially an administrative law judge. They are applying both the DC code and the DC municipal regulations which govern how things work at the DMV.
What Are Some Common Misconceptions About An Administrative Hearing?
Many people believe that if they are successful at the administrative hearing they will be successful in court and vice-versa. Unfortunately, they are independent proceedings and success in one (or failure) does not dictate success (or failure) at the other.
Are Restricted Licenses Available to Individuals Who Have Revocations Due to Alcohol-Related Offenses?
No they are not. The DC DMV will not offer what is called a limited license or limited occupational license after an alcohol-related offense. And their position is if you’re somebody who drove drunk and we found you guilty of that, we cannot trust you.
We cannot cut you a break because we do not know if you are going to get behind the wheel again after drinking. So the DC DMV does not offer those in these situations.
Do Criminal DUI Cases And Administrative Hearings Happen at The Same Time?
They are parallel proceedings, so they begin at the same time. The criminal case and the administrative case begin the day you are arrested for your DUI. But the administrative proceedings tend to be completed before the criminal proceedings. So in a literal sense, they don’t happen at the same time.
They are at 9:30 on March 15th, for example. There are separate court dates and separate administrative hearing dates, since you have to attend both or your attorney needs to attend both, as the case unfolds.
How Does a Negative Outcome in An Administrative Hearing Affect The Remainder of An Existing Criminal Case?
Generally, it will not. Perhaps, you could have a negative outcome at the hearing but you get some good information from the officer that you can use in a criminal trial. But for the most part, the administrative hearing will not affect the criminal hearing.