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DMV Refusal Hearing | Charlotte DWI Attorney

While it is your right to refuse breath testing, you will lose your license immediately if you do. However, you can file an appeal within 10 days after arrest and request a DMV refusal hearing. So what do you need to appeal?

dmv refusal hearingDMV Refusal Hearing

Because you only have 10 days, it is critical that you file your request as soon as possible. As a result, we move quickly once you hire our firm. Rather than a “limited driving privilege,” you get your full license back pending the DMV hearing. In addition, you save $300 in unnecessary costs as we include this service in our flat rate attorney fee. So you can see why most clients prefer this option. But if you wait more than 10 days, your only choice is a LDP.

Once you file the appeal, you can expect approximately 2 -3 months before a hearing. Furthermore, the hearing will determine if you willfully refused breath testing. As a result, if you did refuse, there really is no legal defense. Rather, you exercised your Constitutional right to refuse, but there are consequences. While this does not seem right, or even fair, this is the current law in North Carolina. However, you can still win if the arresting officer does not show at the hearing.

Legal Defenses at DMV Refusal Hearing

So what if you did not understand your rights or tried to “blow” but the machine was not working? For example, language issues may prevent you from making a willful decision. In addition, we see many cases where our client tries to give a sample but “time out”. Furthermore, some people have medical problems that prevent them from “blowing” hard enough to pass. As a result of these situations, we argue your case and fight for you before a Hearing Officer. However, these appeal hearings are often difficult to win, and decisions tend to favor the State. Nevertheless, it is still worth fighting and gives you additional time to prepare for possible loss of license.

**Because these hearings are so important, you should immediately call us when you receive a hearing notice. While the DMV should also send us a notice, it is best to make sure by letting us know.