DMV Hearing Attorney in Long Island

Long Island Criminal Defense Lawyer

Have you been arrested for your first DUI offense? If you have been arrested for DUI in Long Island, then it is vital that you request a DMV (Department of Motor Vehicles) hearing as soon as possible. They only give you a few days from the day that you are arrested to set up your hearing. Unfortunately, there are penalties for those who fail to request a hearing before the deadline.

If you are unable to request your DMV hearing, then the DMV will automatically suspend your driver's license. In order to protect your license, your first step should be hiring an experienced DUI lawyer who can fight to beat your charges. Contact a Long Island DUI attorney from Prime & O'Brien, LLP today to help you request and prepare for your DMV hearing.

Do you need a lawyer to appear at your DMV hearing in Long Island?

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The DMV Hearing Process

On the date of your DMV hearing you will be brought to the Department of Motor Vehicles where a DMV employee will introduce all the evidence that they have against you. Your blood or breath test results may be included among the evidence as well as the police report. Once all the evidence is revealed, the DMV employees will listen to your personal testimony and a defense from your attorney before they make their decision.

This type civil proceeding is not held in criminal court, which means that the standard rules regarding evidence are not the same. With this in mind, there can be a lot of evidence brought against you from people who are not physically present in your DMV hearing. This can create a lot of hearsay.

What You Can Expect During Your DMV Hearing

When you go to a DMV hearing, you can expect the DMV officer who is running the hearing to ask you a series of probing questions. The DMV officer will be looking to see if you were the person driving at the time of the arrest. They will also want to know if it was a legal DUI stop, meaning that the officer had a reason to pull you over.

A police officer must have a legal reason to:

  • Stop you
  • Detain you
  • Arrest you

If you submitted to a breath test or any other type of chemical test, then the DMV officer will want to see if the officer conducted the test in a legal fashion.

Lastly, the DMV officer will ask to see if you refused to take the chemical test, if so, your license could be suspended for a year in light of the implied consent laws. After you have answered all of the officer's questions, they will make a ruling as to whether or not to suspend your license. If they do decide to have your license suspended, then speak to your DUI attorney about having the decision appealed and they may be able to request another DMV hearing.

Get Former Prosecutors on Your Side

Searching for an attorney for a DMV hearing in Long Island? Here at Prime & O'Brien, LLP we have been serving the Long Island community since 2006. Our Long Island criminal and DUI lawyers have both served as prosecutors in Nassau County and we know how the DMV process works. Due to our past prosecution experience, we know how evidence is presented and refuted and we can help you effectively fight to protect your license.

We can attend your DMV hearing with you to refute any refusals or alleged drunk driving allegations. Our firm can also work to investigate and see if your rights were violated at any point during the DUI stop and arrest.


Contact our firm today to speak with a Long Island DUI attorney about your case today!


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