TWO WAYS TO LOSE YOUR LICENSE FOR DWI – Everyone knows that if you are arrested for DWI and convicted the Court will suspend your license. The only uncertainty is how long the suspension will last. That will depend on whether the charge is a DWI first, subsequent or aggravated. What many people don’t know is that DMV also has the authority to suspend your license separately from the conviction for DWI.
If you are arrested for DWI the officer making the arrest will almost always ask you to take a breath, blood and/or additional field sobriety tests. If you refuse any of those tests or take a blood alcohol test which is an .08 or over DMV will look to take your license.
If you refuse the testing or the test is over an .08, the officer will take your driver’s license at the time of the arrest. The officer will then give you the pink copy of the form which you sign agreeing to or refusing the testing. That form becomes your temporary license. However, it is only valid for thirty days from the date of service, that is the day that the officer hands it to you. If you do not request a hearing in that thirty days, DMV will suspend your license for either six months or two years depending on whether you have a prior refusal or DWI conviction.
Contact an attorney who is experienced in DWI’s to discuss your rights at DMV within thirty days of your arrest to protect your rights.
*Written by Catherine L. Baumann, Esquire