DMV Administrative Suspension
A pending DUI can best be explained as a road that forks.
The left side of the fork is the Department of Highway Safety and Motor Vehicles (DHSMV) administrative suspension proceeding. This suspension starts the day of arrest and can last six months if a breath test is performed and 12 months if the breath test is refused for the first time. The suspension will last 18 months if it is a second-time breath test refusal. Upon arrest for DUI, an accused can drive for 10 days on the DUI citation issued. Within 10 days of arrest, a formal review hearing should be requested with the DHSMV. Upon request, a 42 day driving permit will be issued, and a hearing to challenge the DHSMV suspension must be held within 30 days. This hearing is held in front of a hearing officer that works for the DHSMV. If the suspension is overturned, full driving privileges are reinstated. If the suspension is upheld, a period called hard time begins seven days from the date of the hearing. Hard time is a period when the accused cannot drive at all. If the accused took a breath test and blew .08% or above, the hard time period will be 30 days. If there was a breath test refusal, hard time will be 90 days. Action must be taken within 10 days of the arrest!!
Contact our attorney to talk about this sensitive process.