Challenging a License Suspension in DC
If an individual wishes to challenge the suspension of their license, the individual or their lawyer should request a DMV administrative hearing. If they are a DC resident, this request must be done within 10 days of receiving their DMV notice in the mail. If the individual is not a DC resident, a hearing request must be made within 15 days of receiving notice. Regardless a DC license suspension lawyer should be contacted to ensure that all the proper deadlines are met.
Challenge Process
The officer who arrested the individual will give an Order of Proposed Revocation to them before the individual leaves the station. This document mainly serves to notify the individual that the DMV will be revoking their license immediately, but will also contain information regarding how someone can challenge the revocation of their license. Once the person receives the order, that individual may schedule an administrative hearing within 10 days if one is a DC resident or 15 days if one is not a DC resident.
The person may submit a request in person or through the mail. If, at the end of the administrative hearing, they are not satisfied with the results, they may submit a Motion for Reconsideration to the DMV which must be donw within 15 days of the hearing examiner’s decision.
If the individual does not request a hearing, the DMV will automatically revoke their license. They must remember that this action taken by the DMV is separate from any action that may occur as a result of their DUI DC Superior Court case.
Reinstatement Requirements
The person does not need to be found not guilty by the DC Superior Court to get a license reinstated. However, the individual must first complete the required revocation period. Once it is completed, a person must go to the DMV to schedule a reinstatement hearing with documentation—including proof of SR-22 insurance, a certified copy of the DC Superior Court disposition, and a copy of the alcohol treatment program certificate along with a $98 reinstatement fee. If they are found not guilty at trial, the DMV will waive the requirement of SR-22 insurance.
The DMV will not allow someone to pay their reinstatement fee if they have any outstanding fines. If they have a DC license they must first pass both the knowledge and road test to get their license reinstated. The passage of the tests is not required for those with an out-of-state license.
Role of an Attorney
A lawyer will be able to attend any DMV administrative hearings on the individuals behalf, including individuals’ suspension and reinstatement hearings. The lawyer will also be able to guide an individual through the complicated and often stressful DC Superior Court and reinstatement process while helping prepare them for what they should expect.