An administrative hearing, which is a separate form of “due process” from a criminal trial, is usually held by a local, state or federal government agency in order to determine the validity of criminal charges. The DMV (Department of Motor Vehicles) often holds administrative hearings for defendants who are accused of drinking-and-driving related crimes.
Administrative hearings are usually conducted several days or weeks before the criminal trial is scheduled, and in no way has a bearing on the criminal trial unless it is proven that the defendant is not guilty. It is considered a formality and a courtesy to the defendant, and usually makes no difference one way or another.
During an administrative hearing, the defendant is asked questions related to the charge. During a DMV administrative hearing for a DUI case, the arresting officer will be present to field questions as well, and the defendant will have the counsel of his or her defense attorney.
Questions asked during an administrative hearing usually concern procedural conduct rather than the offense itself. For example, the police officer might be asked if a chemical test was initiated to determine the level of intoxication. The reason for the traffic stop will also be scrutinized, and the defendant will be asked if he or she submitted to a blood alcohol (BAC) test.
In many states, the compliance of a defendant with law enforcement officers is taken into consideration when the judge hands down a sentence. If an individual is convicted of a DUI, for example, but refused a chemical test upon arrest, the judge might hand down the maximum penalty for that offense. If, on the other hand, the defendant was compliant and answered all questions truthfully, the judge will be more inclined to be lenient.
The purpose of the administrative hearing is usually held to make administrative decisions. In the DMV case, for example, the administrative hearing might be held to decide whether or not to revoke the defendant’s driver’s license. Citizens of the United States are guaranteed the right of due process, not only in the matter of criminal charges, but also when it concerns property. Individuals charged with a DUI face the revocation of their driving privileges. The administrative hearing gives the defendant the opportunity to voice his or her side of the story, and then it is decided whether or not (and for how long) the defendant will be relieved of his or her driver’s license.
If, during the administrative hearing, the defendant is stripped of his or her driving privileges, the decision will usually be reversed if he or she is acquitted at trial. On the other hand, even if the judge at the criminal trial does not suspend your license, the decision handed down at the administrative hearing still stands. It is possible to be given a “restricted license” from the court, but to have your state license revoked at the administrative hearing.
Administrative hearings are not required by law, and it is usually up to the defendant to request one. If you have been charged with a DUI, DWI or any other charge that can result in the revocation of your property, you have a right to be heard by an administrative hearing. Consult your defense attorney for advice in your specific case.
