The DUI License Suspension Hearing: Don't Miss the Deadline
Many people assume their license is safe until a judge rules on the DUI charge. In most states it isn't. A separate administrative process can suspend your license within weeks of the arrest, and you have to act fast to fight it.
Why there are two cases
Every state has an implied consent law: by driving, you agree to chemical testing if lawfully arrested for DUI. If you test over the legal limit or refuse the test, the arresting officer typically takes or flags your license and gives you a notice of suspension. That suspension is handled by the motor vehicle agency, not the criminal court.
The deadline
The notice usually gives you a short window, commonly 7 to 30 days depending on the state, to request a hearing. If you don't request one in time, the suspension generally takes effect automatically after a set period. Put the date on your calendar the day you're released.
What the hearing decides
It's narrower than a criminal trial. Typical issues are:
- Did the officer have reasonable grounds to stop you and probable cause to arrest you?
- Were you properly advised of the consequences of testing or refusing?
- Did you refuse, or did a valid test show a level at or over the limit?
The hearing officer is usually an employee of the motor vehicle agency, and the standard of proof is lower than in criminal court.
Why it's worth requesting even if you might lose
- You might win if the paperwork is wrong, the officer doesn't appear, or the test procedure was flawed.
- Discovery: it can be a chance to question the arresting officer under oath and lock in their story for the criminal case.
- Restricted licenses: the hearing process is often the route to a work or hardship license, or to installing an ignition interlock and continuing to drive.
Refusals are treated more harshly
Refusing a chemical test usually brings a longer administrative suspension than failing one, and the refusal can be used as evidence in the criminal case in many states.
Get help early
A DUI lawyer can request the hearing for you, often immediately. Since the deadline is so short, call before your first criminal court date. Find a DUI lawyer near you. Related: first-offense DUI: what to expect.
This guide is general information, not legal advice. Hearing deadlines and procedures vary by state.