Articles Tagged with consequences of a conviction

DC DMV Hearing

DC DMV Hearing

As previously blogged about, one of the collateral consequences of an arrest and/or conviction for a DC DUI can be the revocation or suspension of your DC driver’s license. Police officers who make an arrest for DUI or DWI are supposed to provide the arrestee with a Notice of Proposed Revocation. The Notice instructs the arrestee to request a hearing with the DC DMV. For out of state license holders, you have 15 days to request a hearing. For DC license holders, you only have 10 days to request a hearing. If you do not request a hearing, DMV will revoke your driver’s license (for a DC license holder) or driving privileges in DC (for an out of state license holder) automatically. Accordingly, its extremely important that you request a hearing after being arrested for DUI.

The hearing will be conducted by a DMV Hearing Examiner who in some ways is similar to a judge. There are three possible outcomes of a DMV Hearing. First, the Hearing Examiner may revoke your license for a period of six months or one year. Second, the Hearing Examiner may dismiss the hearing. In that case, your license remains valid and driving privileges remain intact. However, if you are ultimately convicted in the criminal case, then your license would eventually be suspended. Finally, the Hearing Examiner could “take no action,” which means license and driving privileges remain intact until the criminal case is resolved one way or the other.

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This post is the second part in the two part series discussing consequences of a DC DUI conviction.  The first part discussed direct consequences, which involved things like probation and jail time.  This discussion is not meant to be a complete list of all collateral beer-vector-1438087-mconsequences for a DC DUI or DWI conviction–just some of the most common.

The first major collateral consequence is the loss of one’s driver’s license or driving privilege.  In the District of Columbia, just an arrest for a DUI can trigger a license suspension or the suspension of one’s driving privileges in the city.  When DC police arrest someone for DUI, they are supposed to issue what’s called a Notice of Proposed Suspension.  The form should be read carefully because it provides instructions on how to prevent an immediate license suspension for the arrest.  The notice instructs the arrestee to apply for a hearing in person at the DC Department of Motor Vehicles within ten days of arrest (or fifteen days for an out of state resident).  If the arrestee does not apply for this hearing, the license or driving privileges (for an out of state resident) will be suspended or revoked.  I recommend immediately contacting an experienced DC DUI lawyer if arrested for DUI.  Many people do not read the notices or are not sure what they are supposed to do to prevent license suspension.  Applying for the hearing will basically freeze the suspension from taking effect.  It will then be up to a hearing examiner at the DMV at some future hearing date to decide whether the suspend the license or driving privileges.

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