DUI Arrest? Remember the "Seven Day Window"

Posted Wednesday, December 9, 2020 by Andrew Charles Huff

Covid-19 has affected the legal justice system in our state, including those arrested for Driving Under the Influence. Many courts routinely require a court appearance the next business day for a DUI case. However, these hearings have been delayed as courts continue adopting new video systems, reduce the daily case limits and enhance social distancing restrictions. For many, these initial court delays have reduced the importance of learning the critical steps involved when arrested for a DUI.

The most overlooked step drivers miss when arrested for DUI is the seven-day deadline to request an Administrative Hearing with the Department of Licensing. This hearing is totally separate from your criminal case and is strictly an administrative matter to determine whether DOL will uphold a suspension of your license. The Department of Licensing will suspend or revoke your license if you refuse to provide a breath test after an arrest or provide a level over .08.

The clock for this seven day deadline begins on the day of your arrest. If a driver misses that deadline for requesting a DOL hearing, more than likely they will suffer a minimum 90-day suspension of their license and mandatory SR-22 insurance costs.

If you are arrested for Driving Under the Influence, you only have a limited time to request a hearing to defend your license. Call me immediately to discuss your case and I will guide you through both the court and DOL processes.