In the District of Columbia, when an individual gets arrested for a DUI or DWI, the police officer is supposed to serve the individual a “Notice of Proposed Revocation.” The Notice instructs the person arrested that they must request a hearing with DC DMV within 10 days otherwise their DC driver’s license will be suspended. If the person arrested has an out of state license, the proposed notice of revocation instructs them to request a hearing within 15 days. If the arrested person with an out of state license fails to request a hearing within 15 days, that person will lose their driving privileges in In the District of Columbia.
If an individual fails to request the hearing but continues to drive they could get arrested for operating after suspension (“OAS”) or operating after revocation (“OAR”). Those crimes are separate misdemeanors that carry a maximum penalty of one year in jail and/or a $5,000.00 fine. While most people get unsupervised probation if convicted for those crimes, getting arrested while having a pending DUI case can definitely lead to some jail time. In addition, convictions for OAS and OAR also carries 12 points with the DC DMV. A DUI combined with an OAR or OAS arrest or conviction can lead to serious license problems. Its like digging a hole you cannot get out of.
Accordingly, its extremely important that anyone arrested for a DC DUI request a hearing within the time limits set forth in the Notice. The location to set a DMV hearing is 301 C Street NW, Washington, DC 20001. The Notice provides several basis to revoke or suspend a license or driving privileges. Refusing to take a breathalyzer is a basis to issue the Notice. Simply getting arrested for DUI is enough to get issued a Notice regardless of whether the arrested person blows in the breathalyzer. It’s the officer’s responsibility to properly serve the Notice on the arrested person and get it to the DC DMV. In rare cases, the officer may forget to submit the paperwork and the arrested person will go to the DMV anyway. In that situation, the DMV will usually tell the arrested person that they have nothing on file. In that situation, the person’s driving privileges are safe unless and until they get convicted for a DC DUI, DWI, or OWI.
When a person requests the hearing, that request will toll the suspension at least until the criminal case is over. For example, lets say you get arrested on January 1st. If you do nothing, your driving privileges will be suspended or revoked. If you request a hearing and let’s say it gets set for February 7, your license will remain valid at least until February 7. If the officer fails to show up for the February 7 hearing, the DMV will take no action against the license. That means you will only lose your license if you ultimately get convicted in the criminal case. If you hire an aggressive DC DUI lawyer and get the case dismissed or you win at trial, you will never lose your license in the process under that scenario. However, if win the DMV hearing and ultimately get convicted, DC DMV will suspend your license for 6 months if you blew and one year if you refused to blow in the breathalyzer.