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When does my license suspension start?

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I had court about 3 months after I was arrested for a DUI. Does my suspension start 31 days after I was arrested or on the court date when I plead guilty?

Attorney Answers 3

Posted

If your first court date was more than 60 days after your arrest, you missed an opportunity to have your case dismissed pursuant to supreme court rule. That issue aside, your statutory summary suspension went into effect on the 46th day after the day of your arrest. The summary suspension has nothing to do with your plea on the DUI charge. If you are convicted of the DUI, your license will be revoked. You should have received an official notice of suspension from the Secretary of State. Make sure the Secretary of State has your correct address, as the suspension notice also contains reinstatement instructions as well.

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2 comments

Daniel G. Galivan

Daniel G. Galivan

Posted

Mr. Harvation does correctly point out that if the state is awaiting lab results for urine or blood that you provided at the request of an officer, then the notice won't be served until those results are in, and the suspension will begin on the 46th after that notice has been served upon you. In the vast majority of cases the notice is served on the date of arrest, because most cases involve either a refusal or a breathalyzer whose results are immediately available. That being said my anwser was incomplete, though not incorrect.

Randolph Michael Gordon

Randolph Michael Gordon

Posted

Mr Galivan's answer and comment set forth the law;

Posted

prior answer is not correct. The suspension begins 46 days after you are served with the suspension notice which may or may not occur at the time of your areest For nstance blood draws or urine may need to be lab tested. If you have not been served with the notice for whatever reason, the 46 day clock has not started.

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Posted

If you received your notice of summary suspension when you were arrested your suspension starts on the 46th day after the arrest. In some cases,such as when there is a blood draw or urine drop, the suspension may be served after the suspension, and the 46 days runs from that notice. The date you plead guilty does not affect your suspension, unless you are convicted, in which case the revocation starts when you plead guilty. Hopfully you have hired an attorney to represent you and explain all of this. If not, I suggest you do.

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