The first 10 days after the DUI arrest are critical because action is required by you or your attorney in order to keep your driver’s license valid longer than the 30 days after the arrest. The pink sheet Notice of Suspension and Temporary License you are given when arrested puts you on notice that a license suspension will start in 30 days unless you contact DMV within 10 days of the arrest to set a Hearing to challenge it. Failure to set the hearing by calling DMV within 10 days waives the right to a hearing. The pink sheet administrative suspension is separate from any Court conviction suspension. While ultimately you may lose the DMV hearing, setting the DMV Hearing extends your license pending the hearing usually around 60 days or more. This gives you time to do all the things necessary to immediately cure the suspension if eligible when the administrative or Court conviction takes effect.
There are different administrative suspensions, the most common one for adults 21 and over is for driving with a .08 BA or more. There are also suspensions for Refusal to Take a Chemical Test, being .01 BA under 21 years old or on DUI probation and .04 BA or more driving a commercial vehicle. The length of suspension depends on the basis for the action and can be from 4 months to a year or more for refusals, priors, or being underage. The first offense DUI pink sheet suspensions for adults age 21 and older is 4 months but is immediately curable if you have done the DMV reinstatement requirements allowing you to drive anywhere, anytime but only the Vehicle with the IID – For that you need: 1. First Conviction DUI program proof of enrollment, 2. SR 22 Insurance form, 3. An IID (Ignition Interlock Device) installed, and 4. Pay a DMV reissue fee. If you do not want an IID and are still eligible for a restricted license, you still need to be in the DUI Program, have an SR 22, pay a reissue fee, then serve a 30-day suspension with 5 months additional restriction to/from or in the course of employment only. A first offense Court Conviction triggers a six months suspension which can run concurrently with the DMV pink sheet suspension. However, the first conviction work restriction is 1 year without an IID and 6 months driving anywhere, anytime with an IID (as well as the fulfilling the other requirements).
A DUI Defense attorney can review DMV and Court issues with you, set and do the DMV hearing, go to court without you, and coordinate any DMV action to run concurrently with the criminal case. Getting a DMV Hearing set by calling within 10 days gives you time to get enrolled in the DUI Program so you can quickly get a license back and stabilizes your life by keeping your license valid longer delaying any suspension.
