If you have been arrested for DUI, there are two cases against you. One is the criminal case in court and a case at the Department of Licensing. I would like to focus on the Department of Licensing with you right now. First of all, there are three options that you can select when you are facing a suspension or a revocation from the Department of Licensing. You can simply accept the suspension or revocation. It goes into effect 60 days from the date of your arrest in most cases, and you can serve out the period of your suspension and at the end of it go into the Department of Licensing and get reinstated.
However, if you can’t possibly survive without driving during this suspension period or revocation period, you can apply for an ignition interlock license. This special license allows you to drive while you are suspended or revoked for a DUI arrest, but only if you have an ignition interlock device installed in your vehicle and if you have SR22 insurance. There is an application fee and one thing that you should know is if you do apply for an ignition interlock license, you will wave your right to contest that suspension in a hearing or to appeal any result of a hearing. Let’s talk about what a hearing is.
As you are released from the officer after you have taken the breath test, or refusing it. The officer should have given you some paperwork. The title of one of those forms is “Driver’s Hearing Request”. That piece of paperwork is what you submit in the mail to the Department of Licensing to request a hearing to contest this suspension that’s going into effect automatically. It’s a $375 fine at the present time and you need to request a hearing. If you do request a hearing then that 60 days is basically put on hold and the Department of Licensing will not suspend your license until at least you’ve had your hearing, and you may win and then they won’t suspend your license. Or if you lose then a license suspension will go into effect at a date that is determined and you will have it issued to you in writing.
Your three options are you accept the suspension, the second that you accept the suspension but you get an ignition interlock device so that you can drive, and the third is that you decide to contest your hearing. Finally, if you do contest your hearing, and you do not prevail in that hearing, then you can also apply for an ignition interlock device during your suspension or revocation period. These are some basic questions and it does get a lot more involved, depending on your situation and I am happy to help you answer any questions that you might have. Give us a call at 1-877-DUI-ANSWER.
Please watch the following video clips presented by lawyer Linda Callahan: