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Administrative Review Hearing in West Virginia

When the drunk driver is arrested, he is charged with both criminally and administratively. By administratively, it means that the driver’s license from the DMV is in danger of being suspended. There are separate hearings for both the court and the DMV. The DMV will receive the driver’s arrest information from the arresting officer, and DMV will issue a revocation letter of the driver’s license. The letter will notify of the date which revocation will be effective, and notify the driver of the option to challenge the revocation. If the driver fails to request the hearing, then the license will be suspended.

The DMV hearing is conducted by a West Virginia DMV Hearing Examiner. The Hearing Examiner reviews the police reports and may call the arresting officer to testify at the hearing. The Hearing Examiner determines whether the driver’s license should be suspended. The driver is at a disadvantage, but if the driver wins the hearing, the DMV revokes the suspension of the license.

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