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If a breath test was administered at the station with results of .08% or higher, your driver’s license will be confiscated by the officer for DUI. You will be given a pink sheet of paper notifying you of the suspension; this document also acts as a temporary permit to drive for a period of 7 days. The purpose of the temporary permit is to give you or your attorney an opportunity to contact the DMV during the 7 days to request a hearing to contest the suspension. The DMV will issue a temporary driver’s license within 48 hours after receiving the request. You must then go to a local DMV office, pay a $2.50 fee and have a photo taken. You will then receive a temporary license which will remain valid until the Administrative Law Judge renders a decision after the hearing; if the decision is adverse, the regular suspension will take effect.
If a blood sample was taken, the results of that analysis generally take the lab 30-45 days. Therefore, your license will not be confiscated at the police station. If the results later show a blood-alcohol concentration of .08% or higher, you will receive a card in the mail from the DMV stating that your driving privileges will be suspended, with the beginning and ending dates. If you contact the DMV and request a hearing, as in the case of a breath test you must wait 48 hours and then go to a local DMV office and get a temporary license.
If this is a first offense, the administrative suspension is for a period of 90 days. It is, however, possible to request a restricted license permitting driving to, from, and in the course of employment once the first 45 days of the suspension has passed. The suspension period increases to one year on a second offense within seven years, and to 3-5 years for a third or subsequent offense. Reinstatement of the license requires the payment of fees and filing an “SR22” form showing proof of insurance.
It is strongly recommended that you or, preferably, your attorney demand an administrative hearing from the DMV. There is nothing to lose and everything to gain; the suspension will be no greater if you should lose the hearing and, unless you are convicted of the criminal offense, a decision in your favor will vacate the suspension.
If you are visiting the State from another state, your driver’s license from that state cannot be seized by the officer as it is the property of another state. However, you will be served with a notice of suspension of your privilege to drive within the local State. Furthermore, the Department of Motor Vehicles will notify your state’s DMV of the suspension and, under the provisions of an interstate compact, your state will probably take action against your license.
- Note #1: If you do not request a hearing within the designated time period, you forfeit any right to contest the suspension and it will automatically take effect.
- Note #2: The DMV’s suspension is completely independent of the court proceedings. The former is an administrative procedure, the latter criminal; they have little to do with one another. However, if you plead guilty or “no contest” in court to the criminal charge, the DMV hearing becomes moot: Your license will be suspended!
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