Why do I have to apply for a DMV hearing after being arrested for a DC DUI?
After being charged with any drunk driving offense in DC, the Department of Motor Vehicles (DMV) will administratively suspend your license mere days after the arrest unless you apply for a DMV hearing. If you are a Washington, DC resident, you must request a formal suspension hearing within 10 days at the District of Columbia DMV to avoid automatically losing your driving privileges. If you are not a resident of DC, you have 15 days to request the hearing. By requesting the hearing, you stop the automatic suspension process. However, your license will be suspended if 1) you don’t request a hearing; 2) you have an unsuccessful outcome in court; or 3) the officer appears at the hearing and gives sufficient evidence to sustain the suspension.
DMV penalties and penalties given by a judge may seem similar, but they are separate and distinct. The DMV may impose penalties even if you are found not guilty in a criminal court case. Moreover, any administrative license suspension will be in addition to any suspension sentenced by the court.
The DMV hearing may provide your DC DUI attorney an opportunity to impeach government witness testimony and confront evidence offered by those involved in your arrest and investigation.
The DMV’s automatic license suspension applies to out-of-state drivers as well. Washington DC has an out-of-state Driver’s License Compact Agreement. This means that Washington DC DUI convictions may be reported to your home state, which may take action to suspend your license or to impose other sanctions. Therefore, it is imperative that you contact a Washington DC DUI lawyer to walk you through the DMV process and ensure that you maintain your driving privileges.