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The first step in any arrest for DUI is requesting a Driver License Hearing. Many people want to bury their head in the sand after an arrest occurs. They don’t want to think about, take some time to process what just happened. They hear the officer spew words about contacting the Court no earlier than 5 days and no later than 14 days. It is all a blur. You MUST request a drivers license hearing with in 10 DAYS of being arrested. If you don’t, your license will be automatically suspended without out any due process, and without a hearing. If you can’t bring yourself to contact a DUI Attorney from the get go, at least request the Driver License Hearing first thing. In fact, print this form, fill it out as complete as you can, and fax or mail it in. There is nothing more unsettling than winning your criminal charge of DUI but yet trying to explain that your license is still suspended based on the simple fact you did not request a hearing within 10 days.
Late Hearing Requests: If you miss the 10 day period to request a Driver License Hearing, then send in a letter explaining why you did not know you needed to request the hearing within 10 days and ask for a later hearing. Very rarely have I seen it granted, but occasionally, the DLD will look at the officer’s report and see that you were not advised of your right to a hearing.
Driver License Suspension Consequences:
First Offense, Consented to Chemical Test: 120 day Suspension
First Offense, refused to take Chemical Test: 18 month Suspension
Second Offense, Consent to Chemical Test: 2 Year Suspension
Second Offense, Refusal to Chemical Test: 3 Year Suspension/revocation
REQUEST HEARING (CLICK HERE FOR FORM)