Many people are confused regarding the process that follows being charged with a DUI. There are multiple processes that are required in order to navigate through a DUI case. One of the main processes that can confuse individuals is the difference between the DLD hearing and criminal court hearing. Many people assume that these are one in the same, but they are actually very different processes in the DUI process. Understanding these differences can help you to more successfully navigate your DUI case. I, Zachary C. Holbrook, am experienced in the entire DUI process and can help to ensure the best possible outcome for your DUI case.

What Happens After A DUI

There are many variations that will happen between each different DUI case. The outcome of each case will differ depending on the specific facts. For example, the consequences of a DUI will likely be more severe if there are prior convictions on the person’s record. It also fluctuates depending on the age of the individual. However, the following things commonly occur after being charged with a DUI: 

• The driver’s license of the individual will generally be confiscated by the arresting officer. This license will be replaced with a citation that serves as a temporary license, but expires 30 days after the initial arrest. 
• The driver’s vehicle will likely be impounded if they are arrested.
• The offender must request a DLD hearing, in writing, within 10 days of their arrest. Otherwise, license privileges will generally be suspended due to the DUI. 
• Driving privileges may be withdrawn on the 45th day after the day of the initial arrest. 
• An ignition interlock restriction may be put in place for any period between 18 months and 3 years, depending on the specific situation. 

Automatic Suspension

When you fail to request the necessary DLD hearing after being arrested for a DUI, the driver’s license will automatically be suspended when certain stipulations are met. This is generally after the individual has been either arrested for a DUI or the individual has declined to take a chemical test. The latter is commonly referred to as a “refusal” suspension. The only possible method for fighting this automatic suspension is through requesting a DLD hearing. It is important to request the hearing inside the time frame of 10 days of the arrest in order to schedule your DLD hearing during the allotted period. Overall suspension times will vary depending on the offender’s age and number of prior convictions.  

Differences Between a DLD Hearing and Criminal Court Hearing

There are many differences between a DLD hearing and a criminal court hearing. Ultimately, the DLD hearing handles the administrative side of the case. This hearing revolves around the individual’s continued driving privileges and any actions that the DLD may take regarding the drivers license. The court hearing, on the other hand, is based on the criminal aspect of the situation. The criminal court hearing essentially will determine whether you are guilty or not of the DUI itself. This hearing will be held in the court located in the county/city of the arrest.  It will be during this hearing that they will decide the punishment you will receive if you are convicted. 

Who is Present at a DLD Hearing?

Understanding who is present at a DLD hearing will help you to grasp the overall process. Ultimately, these hearings tend to be rather small. It only involves you, your attorney, the Driver’s License Hearing Officer, and the law enforcement officer that handled the arrest. Keep in mind that if you haven’t hired an attorney, it will only be you, the law enforcement officer, and the Driver’s License Hearing Officer. Though you will likely be assigned a public defender during the court side of the process, if you haven’t hired an attorney, this doesn’t apply to your DLD hearing. Only a private attorney will be able to help you obtain the best possible outcome at your DLD hearing.  

The Process at a DLD Hearing

Ultimately, the process at a DLD hearing revolves around your driving privileges and the status of your driver’s license. At the beginning of the DLD hearing, the arresting officer will testify regarding why you were arrested and how any applicable tests were given. At this time, your attorney will have the opportunity to cross examine the officer, as well as attempt to convince the hearing officer that your license shouldn’t be suspended. The Driver’s License Hearing Officer will determine whether your license is suspended or not following the arguments given at the DLD hearing. The Hearing officer will then notify you, or your private attorney 5-10 days after the hearing through traditional mail. 

Hiring an Attorney

Hiring an attorney can be particularly beneficial during the DUI process. When you don’t retain an attorney for your case, you may be assigned a public defender in your criminal court hearing. However, a DLD hearing is geared toward the administrative side of the situation and is not a situation where a public defender will be assigned. When you hire a private attorney experienced in DUI law, like me, Zachary C. Holbrook, you will have guidance throughout the complete process. 

Each Case is a Separate Process

Each case is ultimately a separate process that won’t necessarily impact the alternative process. For example, just because the DLD has not suspended your license doesn’t mean that the court won’t find you guilty during your criminal court proceedings. One outcome will not guarantee another outcome. However, if you are found innocent at the criminal court hearing, but your license was suspended at the DLD hearing, it is likely that your license will be reinstated. That being said, if you are found guilty in your criminal court hearing, the DLD later may suspend your license.  Even if the DLD did not initially take action.

DUI cases can result in substantial disruption to your life. It is important to understand the various processes that happen in a DUI case to minimize the possibility of issues throughout the case. I, Zachary C. Holbrook, am experienced in each aspect of a DUI case, whether you are experiencing a 1st offense or have had several prior convictions. Obtaining my services of an experienced DUI lawyer will go a long way toward ensuring the best possible outcome for your DUI case. To learn more about the differences between a DLD hearing and a criminal court hearing, or to obtain my expert services for your DUI case, call 801-624-6204.

If you have been charged with a crime or arrested, it is critical to take the charges seriously. These charges can have a substantial impact on the direction of your life. Certain charges may cause you to be ineligible for certain jobs, while others may land you significant time behind bars.  Further, certain crimes may prevent you from traveling outside of the United States. Consulting with a criminal defense attorney can go a long way toward providing the best possible outcome in your specific situation. Here are a few of the top reasons to hire a criminal defense attorney when you are being charged with a crime. 

Understanding of the Law

There is a significant amount of jargon that is common in court processes. The use of these specialized terms can make it rather difficult to obtain a complete understanding of the charges that have been filed against you. A criminal defense attorney has a profound understanding of the law, and will be able to ensure that you understand the nature of the charges. In addition, I will be more familiar with the specific nuances of the law and how it will apply to your specific situation. 

Develop Stronger Strategies

In most cases, people say that practice makes perfect. However, no one has substantial amounts of practice defending themselves from criminal charges. A criminal defense attorney has far more experience in these cases. This allows me to develop stronger strategies, which ensures that I have far more skill when it comes to crafting your defense. 

Personal Connections

An attorney has experience working alongside many other people in the field of law. This can include everything from the prosecutor to expert witnesses. While it may seem counterintuitive to want your defense attorney to have a positive relationship with the prosecutor, it will ensure that I am able to more effectively negotiate deals. Additionally, having connections to expert witnesses can help to provide a better defense for your case. The personal connections of a criminal defense attorney go a long way toward providing a better outcome for the case. 

Saves you Time and Money

The criminal defense process can be long and stressful. The longer that your case takes, the longer you may be unable to work or provide any livelihood for yourself. When you work with a criminal defense attorney, I can ensure that the process may be wrapped up far more quickly. In many situations, I have an extensive team behind me, which can substantially aid in expediting the process. This can go a long way toward ensuring that the case is finished quickly and you are able to get back to work and your life. 

Many people shy away from hiring an attorney due to the perceived expense. It is important to keep in mind that allowing you to get back to work more quickly, often more than pays for the legal fees. This is in addition to all of the other benefits that a criminal defense attorney provides for your specific situation. 

Protect your Best Interests

It can be difficult to ensure that someone is on your side when you are being charged with a crime. It is possible that you may be tricked into admitting guilt or otherwise doing something that will worsen your situation. Contacting me ensures that you have someone at your back to protect your best interests. 

Focus on the Big Picture

It can be easy to focus on individual aspects when it comes to a criminal defense case. However, I am experienced in focusing on the big picture. Even assuming that you avoid jail time, there are many ways that a criminal charge can continue to impact your life and your future. This is especially true when the case appears on your permanent record. I am aware of the substantial impact that the case can have on your life. I will work with you in looking at the bigger picture when it comes to making decisions regarding the outcome of your case.

Provide Support

Few people understand how truly difficult it can be to be charged with a crime. Defendants often experience substantial emotions of fear, anxiety, dread, depression, guilt, and more. Working alongside each other, I can aid you in processing and improving both emotional and technical support during your case. This can help you to handle the negative, difficult emotions outside of the courtroom. 

Navigate Court Processes

Court processes can be rather complex and confusing. As a criminal defense attorney I have the knowledge and experience necessary in order to understand how to best navigate each step in your case. 

Handle the Paperwork

There is often a substantial amount of paperwork alongside any court process. I will be able to ensure that it is completed correctly and filed prior to any deadlines. In addition, My expertise will help to ensure that the paperwork is free of mistakes.

Specialized

Law is an incredibly vast field. Due to this, lawyers tend to focus on specialties to provide the best possible services for their clients. This means that my specialty as a criminal defense lawyer will have dealt with other cases that are similar to yours. Not only will this help me to provide you with the necessary support, but I will also have experience in similar situations. 

Advise you of Possible Outcomes

There are many possible outcomes that may come from your criminal defense case. As your attorney, I will know the various ways that the case might turn out. I can advise you of this and help to prepare you for each potential scenario. 

Criminal charges are incredibly serious. It is crucial to consult with me or someone like myself, in order to protect your future and minimize the total disruption to your life. Here at Zachary C. Holbrook P.C., I offer superior criminal defense legal services in a broad array of fields, including white collar crimes, violent crimes, property crimes, and much more. If you have been charged with a crime, it is important to act quickly and obtain the services of an experienced criminal defense attorney. Contact my office today!

Recently, Zachary Holbrook received advanced training from the American Association of Premier DUI Attorneys. This advanced level training was on how to use mental illnesses to win DUI alcohol and/or drug cases. For more information about the specialized training Zachary received, click here to read the news release. You will be directed to the American Association of Premier DUI Attorneys’ website.

If you are in need of an experienced defense attorney, contact Zachary Holbrook today.