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License Suspension and the Administrative License Hearing

by | Apr 12, 2016 | Firm News |

Administrative license suspension (ALS) is entirely different from the one you would face from a possible DUI conviction. It may be imposed even before you go to court to face the DUI charge. ALS is a civil hearing, meaning the same burden of proof required in a criminal case is not necessary to suspend your license.

All the officer has to prove is that he had a reason to pull you over, had probable cause to arrest you, informed you of your implied consent rights promptly and completely, and you either refused to take the State’s chemical test, or took the test and your results came back 0.08 grams or higher.

If you refused the test, or your test results were .08 grams or higher, the arresting officer is required to contact the Department of Driver’s Services (DDS) to begin the suspension. This suspension can, and often does, go into effect even before you go to court.

To avoid an administrative suspension of your license, you must request a hearing in the following situations:

  • You refused to take the State’s chemical test
  • You took the test and the results indicated a level of 0.08 grams or higher
  • You are under 21 years of age, took the test, and the results indicated a level of 0.02 grams or higher
  • If you have a commercial driver’s license and your test results indicated 0.04 grams or higher

Your appeal to the DDS must be postmarked within 10 business days of your arrest, or your license may automatically be administratively suspended. For further details about how to avoid an administrative suspension, as well as the length of various suspensions and methods of reinstatement, contact us now for your FREE consultation!