What Happens To An Individual’s Driver’s License Following a DUI Arrest?
When a person is arrested on suspicion of DUI, a police officer will bring them down to the police station, conduct chemical testing, and complete the booking process. During the booking process, the person is typically served with a notice of proposed revocation. That is a form that lays out the government’s right and intention to revoke their driver’s license in 10 to 15 days if no challenge is filed.
Basically, it requires that the driver or his DC DUI attorney go down to the DMV within 10 days if the driver lives in the District, and within 15 days if the driver lives elsewhere. The driver will need to request a hearing to challenge the revocation of their driver’s license. More specifically, nothing happens with a person’s license after an arrest unless a person chooses not to challenge the revocation.
Levels of Revocation
Revocation is the period of time for which a person’s license is revoked. The length of the revocation will vary depending on the offensive conduct and whether the person has any prior DUIs. For an initial offense, people typically have their licenses revoked for six months. However if a person refuses to offer a blood, breath, or urine sample for the police to test for blood alcohol then the revocation period is extended to one year. The revocation for a second or greater offense increases from there. There will normally be a two year increase.
CDL Suspension for DUI
A commercial driver’s license is treated the same as a regular license for DUI purposes. The DMV will revoke a person’s license the same way they revoke anyone else’s license. The government must prove, by clear and convincing evidence that the operator was under the influence of alcohol at the time of the arrest. If it can do so, typically through the testimony of the arresting officer, then the DMV will revoke the license.
Common Questions People Have about License Suspension Hearings
A lot of people want to know the length of time they will lose their license for, when they have to challenge the revocation, and whether they have to challenge the proposed revocation. Most people will want to know how long they are going to lose their license and whether they can get a temporary license in the meantime. The length of time that a person will lose their license for will depend on the case. However, there are no limited or temporary licenses available to drivers If their license was revoked because of a DUI.
When a License is Necessary to get to Work
If a person is arrested for DUI and the DMV believes that there is clear and convincing evidence that that person was under the influence of alcohol, the DMV will revoke that person’s license. There is no such thing as a limited license or a license strictly meant for a person to use to drive to work , and there are no other alternative driving schemes.
If your case receives a positive result, you can take that result to the DMV and typically have your license reinstated. There may be some steps that you have to take to obtain a license. You typically will have to pay a $98 fee and depending on your driving history, you may have to retake a driving test. However, if you received a positive outcome in court, it is a relatively easy process to have your license reinstated.