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Because many of our clients suspect there is DMV hearing bias, here we review some of our experiences. Consequently, you can then draw your own conclusions.

So Is There DMV Hearing Bias?

Whether you refuse breath testing or have a reported BAC of 0.15 or more, you can challenge your license suspension. Because NC criminal laws against DWI are so harsh, you should expect the same in a DMV civil hearing. While the arresting officer explains your right to refuse, punishment is severe if you dare exercise this right. For example, the State then has the right to take your blood, even against your will. In addition, you cannot drive legally for at least six months before applying for a limited driving privilege. Hence, do your Constitutional rights really count here?

dmv hearing biasSo what happens when you get to a DMV hearing? And is there DMV hearing bias as so many hear? First of all, there is no jury in these hearings, only a hearing officer (judge). In addition, the hearing officer guides the officer. For example, if the officer leaves something out, the hearing officer will often ask questions that completes the case.

Also, if the officer does not appear as scheduled, the case is open until the end of the day. But if the officer responds, the hearing officer resets the case. Hopefully, a defendant would get the same courtesy, but I would not risk it.

So What If You Lose Your Hearing?

Because of the six month no LDP issue, many want to know their options if they lose. First, you have the right to appeal to Superior Court. However, you are probably only buying some additional time before you lose your license. In most cases, you will receive the hearing officer’s decision and then get a letter from the NC DMV. Consequently, you begin the suspension and wait until you are eligible for a LDP. While most would agree these laws are unnecessarily harsh, especially for a first offense, it is the law. Further, there are no exceptions or waivers under any circumstances. So look to the legislature if you want to make a change.