Administrative License Suspension Appeal
If you were arrested for DUI, more than likely the Officer confiscated your license and gave you a “Notice of Intent to Suspend” your driver’s license. You have only 10 days to appeal your suspension and request a hearing to save your license.
THIS PROCESS IS SEPARATE FROM YOUR CRIMINAL CASE, AND USUALLY OCCURS BEFORE YOUR COURT DATE.
At the hearing, the judge will determine:
- whether the arresting officer had reasonable grounds to believe that you were driving under the influence of alcohol and were lawfully arrested;
- whether at the time of the request for submitting to the state test the officer informed you of your implied consent rights and the consequence of submitting or refusing the test;
- whether you refused the test, or if the test was administered that the results exceeded 0.08 for over 21 drivers, 0.02 for under 21 drivers, or 0.04 for commercial drivers; and
- whether the test was properly administered by an individual with a valid permit.
An experienced DUI attorney may be able to save your license at this hearing. Otherwise, you may be facing a suspension of your license FOR UP TO ONE YEAR.