What You Need to Know About Your License After a DUI ArrestJonathan Rands
When arrested for a DUI, not only do you have the stress of being booked into jail and mounting a DUI defense, but you also need to combat the Department of Licensing's (DoL) action against your driver's license, which is a daunting task and difficult experience for both drivers and defense lawyers alike.
While the fee for a Department of Licensing (DoL) hearing has amazingly not changed since I last wrote about this in 2014, the timing of events has, as well as my advice of how to go about filing that request for a hearing.
Here are the highlights:
- As of January 2019 the rules regarding requesting and scheduling a hearing to challenge the suspension or revocation of an arrested driver’s license changed to seven (7) days from the date of arrest to file a request with the DoL for a hearing
- The DoL hearing is separate from your court case, but it is still best to have legal representation for both
- While most DoL hearings are not won, it is still in your best interest to request one and could even help with your court case. Any lawyer who recommends you not pursue it is a red flag. (Side note: public defenders do not take on these hearings, but many lawyers will help you at a reduced rate if you have a public defender)
- If you do not request a hearing, as is your right, your license will be suspended 30 days from your arrest
- If you do request a hearing, odds are you will potentially get up to 120 days with your license
- Requesting a hearing online through the DoL's License eXpress site is the most expedient and efficient way to ensure you make the 7 day deadline
- The rules and timing for those who either take or refuse a breath test versus those who have a blood draw are slightly different
For more detailed information on the timeline, what happens at the hearing itself, and a step-by-step guide for applying for a hearing, see Keep Control of Your License.