Anyone that is arrested for driving under the influence will find themselves facing two court hearings that are completely separate from one another. The Department of Motor Vehicles (DMV) will take steps to suspend the driver's license of the accused driver 10 days following the arrest. This administrative action has nothing to do with the criminal charges, and the driver's license can remain suspended even if the accused driver has their charges dismissed.

What can I do if the DMV suspends my license?

There is an opportunity to prevent the DMV from suspending your license by requesting an administrative hearing. An attorney can present evidence to the DMV to establish reasonable doubt of the driver's guilty. Depending on the evidence provided, there is a chance that the defendant's license will not be suspended and will only incur penalties from the outcome of the criminal trial.

However, not every administrative hearing at the DMV leads to the reinstatement of a license.

When the DMV chooses to suspend a driver's license, a person has a few options:

1. Do not drive the entirety of the suspension period. A driver can wait until the end of their license suspension period, pay a fine, and in some instances, take a test, in order to regain access to their driver's license.
2. Apply for a restricted driver's license. It is unreasonable to expect that an individual's life does not go on because they have been arrested on suspicion of DUI. Work, school, and other obligations still exist even if the driver does not have their license. Applying for a restricted license from the DMV can allow a driver to maintain their obligations while submitting to other restrictions.
3. Appeal the DMV decision. The original decision can be appealed to the driver's state's Superior Court. The suspension with be upheld until the final decision from this court has been made. In some instances, this can take over a year.

Any driver that has been arrested for DUI should know that they have two sentences that is imposed on their license as a result of the arrest, each independent from the other. The best chance for reducing the driving penalties from a DUI arrest is to work with a DUI defense attorney prepare for both the DMV hearing and the criminal trial.