DUI Driver License Issues

DUI Driver License Suspension

If you have been arrested for DUI then it is likely that you will have to deal with the possibility of your license being suspended. If you are arrested the Driver License Division (DLD) the officer will give you a citation which serves as a temporary license for 29 days. The officer will also provide you notice that your license will be suspended after the temporary license expires. However, you have a chance to fight the suspension by requesting a DLD suspension hearing.

Although the likelihood of

Driver License Suspension Hearing

It is imperative that you request a driver license hearing within 10 days. If you do not request a hearing, your license will be suspended. The Driver License hearing is conducted by a DLD employee. The employee will determine “whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of” the DUI statute.

The standard for suspending your license is very low. Therefore it is likely that most people will have their license suspended. However, it is still important to request and follow through with the hearing. It is an effective way to get the police officer’s testimony on record to be used later when negotiating with a prosecutor or for impeachment during trial.

If the DLD employee determines that there was “reasonable grounds” for the peace officer to believe you were violating the DUI statute the DLD will suspend your license for 120 days. Your license can be reinstated before the 120 days has run if the court dismisses your DUI case. The 120 days can be reduced if you are convicted of a lesser charge.  After your suspension your license is not automatically reinstated. You must reapply for your license and pay a reinstatement fee before you can legally drive again.