Immediate Suspension: If you are arrested for a DUI and either refuse a breath test or have a breath or blood alcohol level of 0.08% or higher, your license will be immediately suspended.

 

10-Day Window: From the date of your DUI arrest, you have 10 days to request a formal or informal hearing from the DHSMV to challenge the suspension.

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Choosing the Hearing Type:

• Informal Hearing: This is a more casual review where a hearing officer will look at the evidence and statements from both the driver and the arresting officer. There's no testimony or cross-examination. The hearing officer then makes a decision based on this evidence.

• Formal Hearing: This is similar to a court trial but less formal. Both sides can present evidence, witnesses can be called and cross-examined, and legal arguments can be made. A hearing officer presides over the hearing.

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Possible Outcomes:

• License Reinstated: If the hearing officer determines that there's insufficient evidence or that proper procedure wasn't followed during your arrest, your license could be reinstated.

• Suspension Upheld: If the evidence supports the suspension, the decision to suspend your license will be upheld.

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Temporary Permit: If you've requested a formal review, you may be eligible for a temporary driving permit that allows you to drive for business purposes. This permit usually lasts until the formal review is complete.

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Beyond the DHSMV: If you're not satisfied with the outcome of your hearing, you might have the option to appeal the decision in a circuit court. However, this can be a more lengthy and costly process.

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Hardship License: Even if your suspension is upheld, you might still qualify for a hardship license, which would allow you to drive for certain essential functions like work, school, or medical appointments. To get this, you'd have to prove that not being able to drive causes a significant hardship and complete any mandatory courses or treatments, among other requirements.