The Department of Licensing’s (DOL) action is separate from any criminal charge outcome. Even if your DUI criminal case was actually dismissed, DOL will still proceed with its action in the suspension of your license.
1
Suspension or Revocation
Depending on the nature of the action, a suspension, (the suspension time will run for under a year) or revocation, (the suspension time will run for one year or more), may occur at the same time, or in addition to as a suspension or revocation resulting from a criminal conviction. Revocations based on a refusal to be tested will run in addition to any license suspension resulting from a conviction.
2
DUI Arrest
Depending on the nature of the action, a suspension, (the suspension time will run for under a year) or revocation, (the suspension time will run for one year or more), may occur at the same time, or in addition to as a suspension or revocation resulting from a criminal conviction. Revocations based on a refusal to be tested will run in addition to any license suspension resulting from a conviction.
If you are arrested for DUI or physical control and have a breath or blood test result of .08 or higher; or if you are under age 21 and your test result is .02 or higher, DOL will suspend your license administratively. If you refuse the official breath or blood testing your license will be revoked for at least one year.
On the day you were arrested, the police officer should have given you documents. The officer should have given you the following: a DOL hearing request form, given you a copy of the breath test result, and punched a hole in your license.
3
You Have Only 20 days
You only have 20 days from the date of your arrest to send in the hearing request form and pay a $200 fee. If you don’t, you will lose your license and have no right to appeal. In blood test cases, the 20 day time period commences on the day DOL mails you notice of your blood test result.
Your hearing request must be postmarked no later than the 20th day after arrest. In order to prove that you mailed the form you will need to send the request by registered or certified mail.
The Department's action proceeds totally independently from any criminal prosecution, and, depending on the nature of the action, a suspension or revocation may run in addition to or at the same time as a suspension or revocation resulting from a criminal conviction.
If you fail to timely send in your request for a hearing, your only option is to apply for the IIL or you must not drive during the time of your license suspension.
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