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Seven Day Deadline

Contributed by Andrew Miller

The arrest for a Driving While Intoxicated (DWI) offense is one of the most common, confusing, and life changing events that can occur in a person’s life. It is an event that can trigger several consequences which include loss of freedom, fines, costs, community service, insurance changes, insurance increases, employment, embarrassment, depression, and loss of relationships. Additionally, it usually involves the loss of driving privileges. Generally, upon arrest, guilty or not, your license will be suspended for a period depending on whether it is a first, second or subsequent offense. You have limited time to contest that suspension.

Upon arrest and release for a DWI, you are mandated to surrender your license to the arresting officer. Upon receipt, if you have a valid license, the arresting officer will give you two (2) pink slips of paper. The first is a permit that is good for thirty (30) days, from the date of your arrest. The second pink slip, attached to the first, and in most case, goes unnoticed, is the “Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege Or Request Restricted Driving Permit”. Its purpose is to determine what happens with your driving privileges after your thirty (30) day permit expires. If you would like to be able to drive, you must request to do so by properly filling out this second pink slip.

This request must be postmarked or faxed within seven (7) calendar days of your receipt of the pink slip or your request for an administrative hearing will be denied. You must fully complete and mail or fax this from to the Office of Driver Control, to be scheduled for a hearing. In truth, it is now better to email that to Driver Control, than to mail or fax, yet the email is not provided. ( Hopefully, the arrest will be the most traumatic event that occurs, and things will improve over time. Make sure to send the request within the seven (7) days or have an attorney do it for you.

It is also worth noting that even if you find yourself with your license after an arrest for a DWI, it will not change the course of your obligation to submit a timely request. Additionally, if you do not submit a timely request, you still can obtain a restrictive license that can include many things. You just will not be able to contest the suspension.

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