License Suspensions for a DC First Offense DUI

In the vast majority of cases, the police officer or officers who made the decision to arrest the defendant will submit a form to the DC DMV which would institute a suspension of that person’s license if they have DC license or privilege to drive. If their license is from somewhere outside of D.C., the D.C. DMV can then take the person’s license or privilege to drive based solely on the arrest.

If a defendant has a DC license, they or their first offense DUI attorney have 10 days to go request a hearing at the DMV to challenge that suspension. If their license is from some other jurisdiction, they have 15 days to challenge. Otherwise, in either situation, if the accused individual fails to request a hearing to challenge the automatic license suspension, then the DC DMV will administratively suspend the person’s privilege to drive or driver’s license for at least 6 months, if not more.

The proposed administrative suspension based on the DUI arrest can be challenged through an administrative hearing, and if the D.C. DMV does not suspend the defendant’s driver’s license or privilege to drive at that hearing, the DMV will wait to see what happens with the criminal case—the actual DUI case. If the DUI case results in a conviction, or even if the matter is settled through a Deferred Sentencing Agreement diversion then the D.C. DMV will automatically revoke that person’s driver’s license or privilege to drive for 6 months.

Applying For a Restricted License

DC does not have a restricted permit like other jurisdictions when a suspension or a revocation is based on alcohol-related offense. This means that an individual cannot apply for a restricted license if he or she has lost their privileges to drive in DC based on a DUI charge. What can be done in these situations is to request a DMV hearing and either handle the hearing yourself or employ an attorney to challenge the decision to revoke or suspend your privilege to drive.

If the D.C. DMV does suspend or revoke your privilege to drive or your driver’s license, there is a process by which you can get that reinstated by completing an alcohol program, purchasing high risk insurance, and waiting the specific amount of time of the suspension period.

If you are not convicted of a DUI in a criminal case and the DC DMV has not already administratively suspended your license, in most instances the D.C. DMV will take no further action and you can continue driving without worry about a future suspension.