What Happens to Your Driver’s License Following a DUI in DC?
If you have been charged with driving under the influence in Washington, DC you are likely going to face some kind of license suspension or revocation. For this reason, the following is information on what will likely happen to your license according to a DC DUI lawyer. To discuss your case further or learn about challenging the suspension of your license call and schedule a free consultation today.
What Happens to An Individual’s Driver’s Licence Following a DUI Arrest?
After a person is arrested and brought to the police station, the officer completes a variety of paperwork. Some of it is police reports, some of it is witness statements, and some of it relates to a person’s privilege to drive.
One of those papers is called a Notice of Proposed Revocation. It’s a DMV form that the police administer. And on there, it lays out the reasons why the officer believes that the person’s license should be revoked, or the person’s privilege to drive should be revoked in the District of Columbia.
Essentially, it’s a check-the-box form where the police officer can allege that the person was driving under the influence or that the person refused to take a required breathalyzer test.
And whatever the officer checks on there, is going to be what the DMV looks at when they consider revoking your license. So at that point, the officer turns the form over to the DMV, and then the person who is arrested has ten days if they are a District resident to challenge that suspension, or 15 days, if they are not a District resident, to challenge that suspension.
If they fail to challenge it, then the license gets revoked at the end of that period. If they go to the DMV or hire an attorney to challenge the revocation, then a hearing date will be set, usually about four to six weeks after the arrest date, at the DMV. And at that point, evidence can be offered and the revocation can be challenged.
Are There Different Levels of Revocation?
Yes and no. There are different levels in that the length of revocation is based on the person’s prior DUI history and the circumstances of the current arrest. So if the person has a second or third offense, the revocation gets extended. If the person refuses to submit to testing for the presence of drugs or alcohol in the body then the revocation gets extended.
For the first offense, the normal revocation period is six months but it could be a year or two years or more depending on the situation.
Can a Commercial Driver’s License Be Suspended For DUI?
Yes the DMV can revoke your CDL whether you are a licensed in DC or elsewhere. The DMV treats a commercial driver the same way as regular driver’s license. They will revoke that person who is arrested if they believe that person is intoxicated while he was driving.