Revocation of a License in DC
If you have had your license revoked in DC the following is what you should know about challenging that revocation including how long it takes, and how much paperwork you have to do. To learn more call today and schedule a consultation with a DC DUI lawyer.
How Do You Challenge The Revocation of the License in DC?
That’s going to vary from case to case. But the legal standard is the government, represented by the arresting police officer, needs to prove by clear and convincing evidence, which is evidence that makes it highly probable or highly likely to firmly establish a belief in the hearing examiner’s mind that you were operating a vehicle while under the influence of alcohol or drugs.
So how you’re going to challenge that depends on the facts of your particular case. If the reason they are alleging that you were impaired was because you blew a .25 on the breathalyzer machine and you admitted to drinking 11 shots of tequila, you probably are not going to have a lot of defenses. Maybe the machine was not properly calibrated or malfunctioning, but the admission of drinking could potentially lead to a revocation anyway.
However, if the police officer is alleging that you are driving under the influence because you were a little unsteady on your feet after a car accident, then you have a lot more options.
Maybe you can show that any apparent or alleged intoxication was really just a symptom of something else. Perhaps hitting your head in an accident, or some other medical or physical issue but it’s going to vary from case to case.
How Long Does An Individual Have to Challenge the Revocation of Their License?
For a person who lives in the District of Columbia, it’s ten calendar days from receipt of the Notice of Proposed Revocation and if the person lives in another state, he or she has 15 calendar days. And they can challenge that proposed revocation by going to the DMV at 301 C Street NW or hiring an attorney on their behalf to handle the issue.
What Kind of Paperwork Does Someone Need to File For DC DMV Revocation?
It’ helpful for expediting the process at the DMV that the person has that Notice of Proposed Revocation that they received on the night or day that they were arrested.
But really, all a person needs to do is show up with proof of identity and say “I was arrested for a DUI and I want to challenge the suspension.” And the DMV staff should be able to look you up with your identification. But it is much preferred to have the Notice of Proposed Revocation on hand.
Can You Just Show up Without Requesting a Hearing?
No, you cannot. You have to go to the DMV, schedule a hearing, and then return in 1-2 months for the hearing itself on the scheduled date.