Reasons a Driver's License Can Be Suspended Or Revoked?

What are the reasons a driver's license can be revoked?

Driving a motor vehicle is a privilege. When a driver behaves recklessly, the state issuing a driver’s license will not think twice to suspend of revoke it. A state issuing a driver’s license to a driver can temporarily suspend driving privileges for various reasons. Reasons for driver’s license suspension can include:

DUI arrest and conviction, in which case a driver is caught driving under the influence of alcohol or drugs is the top cause for a driver’s license suspension. Additional reasons a driver’s license may be suspended in the event of:

- Refusal to take a blood-alcohol test
- Driving without valid insurance
- Speeding ticket
- Reckless driving
- Hit and run - leaving the scene of an injury accident
- Failing to pay a driving-related fine
- Failing to answer a traffic summons, or
- Failure to file an accident report.

In many states a driver’s license can be suspended for traffic violations. In this case states use points that keep track of a driver's moving violations. Every moving violation a driver is assigned a certain number of points. If a driver accumulates too many points on a driving record, in addition to his car insurance rate premium increase, within a given period of time, the department of motor vehicles will suspends his license.

If a driver has too many moving violations, a DUI, the state issuing a driver’s license may revoke a driver’s license. In this event, a driver with revoked driver’s license has to wait a certain period of time to re-apply for a new driver’s license and pass certain tests in addition to paying the fee.

Additionally, some states, California in particular will revoke and refuse to issue a new driver’s license to parents in child support arrears.

Driving on a suspended or revoked license is a crime. If a driver with a revoked or suspended driver’s license is caught behind the wheel, such driver will most likely get a jail time and will have to pay heavy fines. If the driver’s license suspension was due to a drunk driving violation – DUI or DWI, the penalties will be the heaviest. Remember Paris Hilton? Having the best DUI and criminal attorneys cannot guarantee that your driver's license suspension will be prevented. However, it is possible to reduce your sentence due to a DUI with having a good DUI attorney. Particularly, in you are in Arizona, you will definitely need an Arizona DUI attorney who is experienced in the Arizona DUI laws.

How To Stop Your Driver’s License Suspension Due To DUI

Driver’s License suspension is revocation of driving privileges for a specific period of time. Driver’s License suspension is decided at the administrative hearing before the DMV hearing officer. Driver’s License suspension is a separate procedure from the criminal court hearing and is not related to what happens in the criminal department of the court.

If you have been caught driving under the influence of alcohol or drugs, you are facing potential Driver License suspension for at least thirty days in CA. After thirty days you can apply for reinstatement of your driver’s license and get a restricted driver’s license that will allow you to drive to and from work, or in the course and scope of employment, and to and from a treatment program, which includes drunk driver school program and AA meetings if you are required to attend them. You can remove the restriction on your drivers license once you have successfully completed the DUI program, or have graduated from the DUI program as they say, and have fully paid for the cost of the DUI school.

Now, is there a away to stop your driver’s license suspension? Yes, there is. It is best to go to an administrative DMV hearing with a lawyer specializing in DUI defense. Usually the DUI lawyer knows the hearing officer and knows how he or she hears cases and decides on driver’s license suspension. Your DUI lawyer will know how to present your case to ensure the highest chance of you keeping your license. When you hire a DUI lawyer, your DUI attorney will usually charge you a flat fee, which could differ depending on the area of your residence. In my area in N.CA it is somewhere around $2,500. The money is payable upfront and includes defense in front of the judge in criminal court, whereas the judge will decide on your criminal sentence, the fine and or community service, the mandatory DUI school attendance and the duration of the DUI class, which will usually depend on whether it is a first or second offence, possible treatment programs, interlock device installation, sheriff’s alternative program (picking up garbage on the freeway), and any other penalties; as well as the appearing with the DUI offender at the administrative DMV hearing in front of the hearing officer.

A smart and experienced DUI attorney will try to postpone your hearing (request a continuance) so that you can have an administrative hearing before you are convicted for the criminal DUI offence. That way the hearing officer does not have substantial evidence of your DUI and may have doubts whether you really were under the influence when you got in your car and started driving. There is a slight chance that you may keep your driving privileges even if you are later convicted for DUI in court.

How To Reinstate Driver License After DUI Conviction And Suspension

When a driver charged and convicted with DUI, a driver’s license can be reinstated according to the specific timelines specified in your DMV paperwork. Keep in mind that a criminal DUI conviction, a felony or a misdemeanor is a separate conviction that is not related to the suspension of your driver’s license. The entity issuing suspension on your driving privileges is the Department of Motor Vehicles, while the entity penalizing you for the criminal DUI offence is the criminal division of the court. With that said, some drivers get to keep their driver’s license and avoid the suspension completely while still being charged with the criminal DUI offence.

The DMV administrative hearing is the one where a DUI offender appears in front of a hearing officer for the DMV, who will decide on the license suspension, in other words, the suspension of the driving privileges. If the hearing officer for the DMV (not the judge in the criminal division of the county court) decides that the offense warrants a suspension, a Driver’s License suspension will be placed for a specific amount of time.

In California first time DUI offenders usually get at least thirty day driver license suspension. Upon the expiration of the suspension, a driver charged with a DUI can apply for reinstatement of the driver license contingent upon enrolment in a drunk driver program (DUI school), and obtaining an SR-22 form from the insurance carrier. SR-22 is a form that your car insurance carrier will file (by fax or online) and that the DMV has access to. In many cases, your insurance premium will go up considerably once you inform your insurance carrier about your DUI offence. It is advisable to seek quotes from different insurance companies, because the one you currently have may require you to pay outrageous increase in your insurance rates.

The savings from switching to a different insurance carrier can be substantial. For instance, I was paying around $160 for my monthly insurance premium with Nationwide Insurance before my DUI. I went to Farmer’s to get a quote and they quoted me over $400/mo. The Farmer’s agent recommended that I seek insurance quotes some place else.

In my DUI class, there were some people who gave me referrals to local insurance brokerages, which reportedly specialized in high risk cases such as drunk drivers and insurance for DUI offenders. But after looking into Geico’s insurance rates I was able to find a plan for around $70-80/mo which was substantial savings compare to what I paid before my DUI for my Nationwide insurance premiums. I have to say, however, that in order to get that insurance rate I had to pay off my car loan all at once. So, if your car loan balance is low, pay it off. That way you will be able to save substantial amounts of money on your increasing insurance premiums.