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Administrative Review Hearing in Delaware

The State of Delaware uses an administrative hearing to address whether a police officer had probable cause to believe an individual was driving under the influence. Additionally, administrative hearings address the level of evidence collected and refusal to submit. Administrative hearings are scheduled to attest to the preliminary issues of a driving under the influence offense.

An administrative hearing should be scheduled within sixty days following the request for the hearing. An individual does not have to schedule an administrative hearing. Also, any first time offender entering the first time offense election waives his or her right to an administrative hearing. Therefore, an administrative hearing merely addresses preliminary questions concerning the offense.

Delaware imposes a preliminary examination which may address the questions put forth at an administrative hearing. However, an administrative hearing is limited to specific questions and issues. Thus, individuals must request an administrative hearing and schedule a date for the hearing. Therefore, individuals usually opt for the preliminary examination instead both an administrative hearing and preliminary examination.

The State of Delaware uses administrative hearings to address probable cause, the evidence collected, and refusal to submit. Typically, administrative hearings are not requested by individuals. First time offenders entering the first time election program waive their right to an administrative hearing.


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