Procedure in a Suspended Drivers License
The procedure that results in suspended drivers license in a drunk driving is completely different from that of an ordinary moving violation. Under most state laws, the law enforcement officer will suspend the driver’s license even before the suspect has been convicted of the offense. Following an arrest in a DUI case, the police officer will take the driver’s license and in its place issue a temporary license that expires at a later date. The license becomes suspended on that expiry date, unless the suspects DUI lawyer has prevailed at a DMV hearing.
It is the responsibility of the person charged with DUI to request a DMV hearing. A suspended drivers license becomes automatic by the DMV in the absence of a request for a hearing. This can take place irrespective of whether the charges are reduced later or even dismissed in a court of law. The DMV hearing provides an opportunity to the suspect to argue against license suspension by and through his DUI defense lawyer.
Suspended Drivers License: Law of ‘Implied Consent’
The law of ‘implied consent’ is applicable in most states, under which the driver arrested on a DUI charge is required to give a sample of breath, blood, or urine to determine his or her BAC level. In case the police officer requests, the suspect will be required to provide more than one breath sample. The suspect’s refusal to provide any of the requested samples will lead to an automatic suspension of the license for at least three to 12 months. The suspended drivers license remains suspended for this period even if the suspect is not eventually convicted of a DUI. Note that suspensions are lifted if the DUI lawyer representing the offender prevails at the scheduled administrative hearing.
By William Moore