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Administrative Review Hearing in Mississippi

Only the DMV can suspend a driver’s license.  The DMV will suspend a driver’s license after an unsuccessful DMV hearing or a criminal court conviction.  If a person is arrested for DUI and receives notice of an action against his driving privileges, he has 10 days in which to request a hearing to review the loss of driving privileges.  The defendant has the right to have counsel at a DMV hearing.

At the DMV hearing the following issues will be addressed:

(1) was the defendant driving the vehicle?
(2) Did the officer make a legal stop?
(3) Did the officer make a legal arrest?
(4) Did the defendant submit to a chemical test and was this test properly administered? (5) Was the defendant’s BAC above the legal limit?

If the driver refused a chemical test, it will be determined whether the officer informed the driver of the consequences of refusing a chemical test.   The hearing determines whether the driver will retain his driving privileges until the end of his DUI case.


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