Reader’s Question:

No more than a week ago, I was stopped by a patrol officer here in Washington, DC because of a DUI suspicion. Unluckily for me, the chemical test administered to me showed that my blood alcohol level is above the legal limit. I was charged with my first DUI and the officer took my driver’s license. Does that mean that my license was suspended automatically?

Natalie

Washington, DC

One of the most common punishments for DUI conviction is driver’s license restriction. Statutory chapters that set guidelines for the granting of driver’s licenses generally also provide the circumstances under which these licenses can be revoked. License revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense with such statutes in place.

In Washington, DC, since you failed the blood alcohol test, your driver’s license is suspended automatically that’s why the officer took it from you.

Your due process rights have been determined by the courts not to apply since the Department of Motor Vehicles is considered a civil arena. You may have been given a 30-day temporary license which will allow you to drive while awaiting a hearing date. The DMV may assign a hearing date after 30 days which they commonly do because they are overbooked. In this case, you will receive a written extension so you can continue to drive until the hearing, even after your 30-day temporary license has expired.

Your license will be automatically suspended if you do not request a hearing with the DMV within 10 days of your arrest. Normally, if you fail to request a hearing in time or lose the hearing, the DMV will suspend your driving privilege for four months. Since you are a first time offender, you may be eligible for a five-month restricted license after 30 days of your suspension.