Expunge Your DUI

 

 

 

 

 

 

 

» Welcome
» Expunge Your DUI
» DUI Records
» Expunge Arrest Record
» Clear Record
» Seal Court Record
» Driver License Suspension
» Post Conviction
» Contact Us

Expunge Your DUIDriver License Suspension

When someone is arrested for drinking and driving, his driver's license is confiscated by police right away and he is served with the DMV's Notice of Suspension". This one-page document (fine print on both sides) serves to:

(1) formally suspend the driver license,

(2) provide a temporary driving privilege for 30 days (driver license suspension), and

(3) explain some aspects of the applicable law.

Somewhere in this fine print on the back side is the most important legal rule: there is a right to an administrative hearing to contest the driver license suspension and force the DMV to return the license — but only if the person or his attorney writes to the DMV's local Drivers Safety Office (DSO) and formally calls for a hearing WITHIN 10 CALENDAR DAYS of the arrest.

If the call is not made, on the eleventh day the right to contest the driver license suspension is lost and it will start 30 days from the arrest regardless of any possible defenses.

This immediate driver license suspension is for either:

(1) having .08% or higher blood-alcohol (.01% for drivers under 21);

(2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% BAC or higher; or

(3) refusing to take a chemical test. This is talked about as an administrative suspension (or sometimes "admin per se" or "APS" suspension), and is to be distinguished form a license suspension or limit which may (and probably will) later occur in the criminal court records— and to the administrative suspension.

Although this may seem to form "double jeopardy" or multiple punishment, the courts in their infinite wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment".