Arrested for DUI? Before going to court, a driver’s license will be suspended 10 days after the DUI arrest if the person refused to give a breath sample or sumbmitted to the test and blew over a .08. As to the license to drive, there are three options (1) request a hearing to reverse the suspension called a Formal Review Hearing, (2) request hearing for an immediate hardship license or (3) do nothing. The choice to do nothing is a choice to accept a driver license suspension. The deadline to file an election for a hearing at the Department of Highway Safety and Motor Vehicles (DHSMV) is also the same 10 day period before the suspension is imposed. The DUI citation is a driving permit for those same 10 days.
The automatic suspension and resulting drivers license proceedings have nothing to do with and are completely separate and apart from the criminal DUI case in the court house. To illustrate the different procedures, think of courthouse and the building where a person goes to get a driver’s license. Those buildings are usually completely separate buildings. Because the proceedings are separate, the Public Defender’s Office will generally not represent people in driver’s license hearings. Furthermore, waiting until arraignment or to meet a Public Defender before deciding to hire a private lawyer will almost always mean that the opportunity to have a DHSMV Hearing and reverse the suspsension is lost.
Do not do nothing. If nothing is done within 10 days after being arrested for DUI, then the license of the accused is automatically suspended. Sometimes these hearings are exremely beneficial to defending a DUI. Even if the DUI arrest is beyond 10 days old, a lawyer can help. Please click, fill out the form or call to hire a lawyer to defend your DUI.