Drunk Driving FAQs: Do I Have the Right to An Attorney At My DMV Hearing?

by Gabriel Dorman on April 16, 2009

Absolutely. You have the right to be represented by a DUI attorney (at your own expense) at your DMV hearing. In addition, you have other rights at your DMV hearing as follows:

  • the right to review the evidence against you;
  • the right to cross-examine any witnesses that testifies on behalf of the department (this would most likely be the police officers who arrested you and/0r a toxicology expert who testifies about your BAC level);
  • the right to present evidence in your defense;
  • the right to call witnesses in your defense;
  • the right to testify in your own defense;
  • the right to a written decision;
  • the right to an administrative review of that decision; and
  • the right to appeal the decision in superior court.
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