Challenging a Revoked License in DC
A DC resident can challenge the revocation 10 days from the date they were served the notice of proposed revocation, which is typically the same day that they were arrested. An out of state driver has 15 days.
In cases where the driver is not served notice, they could still face revocation for failure to schedule a hearing in a timely manner because police officers will often claim they provided a copy of the license to the driver even if they failed to do so.
An experienced attorney knows how to handle this situation and may be able to help the driver regain driving privileges pending the outcome of the driver’s criminal case.
What to File for a DC DMV Revocation Hearing
There is no paperwork that needs to be filed for a DC DMV revocation hearing because the police submit the form. This form is known as Form 3340, the Notice for Proposed Revocation. The person challenging the revocation needs to appear before the DMV with their license to schedule a hearing. There is no particular paperwork that the driver needs to complete.
A person whose license has been revoked cannot just show up at the DMV and expect a hearing if one has not been scheduled. Hearings must be scheduled within the 10-to-15 day time frame. A hearing date will be scheduled two to eight weeks in the future. The date of the hearing will rely on how busy the DMV is at the time, how many DUIs are happening that particular day or week, and the officer’s availability.
For the majority of the time, the hearing date will be two to eight weeks after the person is arrested.
Challenging a Revoked License
A revocation hearing is the only opportunity most people have to challenge their license revocation at the DMV. The hearing proceeds like an administrative trial. It is presided over by a hearing examiner who is basically a judge for the DMV.
One of the officers involved in your arrest presents testimony as to why they believe you were intoxicated. You or your attorney can cross examine the officer and present evidence to try to demonstrate that the government failed to show by clear and convincing evidence that you were impaired by alcohol or drugs.
If the examiner chooses to revoke your license, there is an appeals process but it typically takes between 12 and 24 months. For a lot of people their appeal will not be resolved until after their license revocation is completed.
Thus, it is essential to present a strong case during the initial hearing. The same process applies when a person has a CDL and they want to challenge the suspension or revocation.