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 ten 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 carry 12 points with the DC DMV.
A DUI combined with an OAR or OAS arrest or conviction can lead to serious license problems. It’s like digging a hole you cannot get out of, especially when you have received the official notice of license revocation.
Why Do You Need to Request a Hearing for DC DUI Case?
It’s 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. During the DUI arrest, the arresting officer will ask for your help in checking the BAC.
The Notice provides several bases to revoke or suspend a license or driving privileges. Refusing the arresting police officer to take a breathalyzer is a basis for issuing the Notice. Simply getting arrested for DUI is enough to get issued a Notice from the criminal court, 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 of a DC DUI, DWI, or OWI.
What Happens When a Person Requests a Hearing?
When a person requests the hearing, that request will toll the suspension at least until the criminal case is over. For example, let’s say you get arrested on January 1st. If you do nothing, your driving privileges will be suspended or revoked. During the revocation period, you will have an ignition interlock device in your motor vehicle.
If you request a hearing, and let’s say it gets set for February 7, your license will remain valid for 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 you win the DMV hearing and ultimately get convicted, DC DMV will suspend your license for six months if you blow and one year if you refuse to blow in the breathalyzer.
We are Here to Help!
Issues involving your driving privileges in the District are extremely important. Accordingly, it’s crucial you hire an experience DC DUI lawyer who can advise of all the implications a DC DUI may have on your driving privileges. Contact Scrofano Law PC today for a case evaluation.
