Can the police take my license away for DUI before I'm convicted? 21 Answers as of May 28, 2013

I have not ben convicted of a DUI in court just yet. Why are they taking my license away if I was not charged with any crime? I was just arrested and thats it.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Your driving license is taken by the Alabama Department of Public Safety for either a refusal or for blowing .08 or higher on the breathalyzer. The court has nothing to do with the suspension.
Answer Applies to: Alabama
Replied: 1/9/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Yes. They do it all the time to people who are charged with DWI. You can have your license suspended even if you are not convicted.
Answer Applies to: Texas
Replied: 1/4/2013
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Yes they can. Your license is administratively suspended. You must appeal to DOL for a hearing ASAP.
Answer Applies to: Washington
Replied: 1/4/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Your license will be suspended in MA for failing the breath test or refusing to take the breath test. This is considered an administrative suspension and has nothing to do with the court. That will be a separate issue depending on the outcome of your case.
Answer Applies to: Massachusetts
Replied: 1/4/2013
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
In Massachusetts the police have the right to take your license after an arrest for operating under the influence of alcohol if you fail a breath test or refuse to take a breath test. If you fail the test, the loss is for 30 days; if you refuse the test the loss is for 6 months whether or not you have been convicted.
Answer Applies to: Massachusetts
Replied: 1/4/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan they take away the license on request and issue a paper that substitutes for a license. After the case is over you get the license back unless it is revoked.
    Answer Applies to: Michigan
    Replied: 1/4/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you have not yet been told that charges have been filed against you, you will likely receive notice soon. Read ALL the papers which the police gave you.The police can take your license, in particular if any test shows a prohibited blood alcohol content.The action is really administrative rather than judicial. You probably received a notice when they tested you letting you know you have 10 days to request an Administrative Review. These are a very strict ten days. If this is a second or subsequent OWI (-DUI) charge,you would do well to hire an experienced lawyer.
    Answer Applies to: Wisconsin
    Replied: 1/4/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, if you are arrested for DUI and refuse a breath, blood or urine test, the police are required to take your physical license and inform the NH Department of Safety of your refusal. If you take a breath, blood or urine test and your BAC is 0.08 or higher, the police are required to take your physical license and inform the NH Department of Safety of your test result. Either way, your license will go under suspension 30 days after the date of your arrest or test over 0.08. You should definitely retain an experienced NH DUI attorney to represent you in your case. If you were arrested for DUI, you will be charged with a criminal offense.
    Answer Applies to: New Hampshire
    Replied: 1/4/2013
    Riddell Law LLC
    Riddell Law LLC | Douglas Riddell
    If you are placed under a license suspension, officers can take away your license. That is a fairly typical procedure. You may want to contact an experienced OVI attorney for further advice on your situation.
    Answer Applies to: Ohio
    Replied: 1/4/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Yes, they can. When your license was taken by the police, you should have been given a pink piece of paper which is a temporary license valid for 30 days from the date your license was taken. After the 30 day period expires, your license is suspended by DMV. If you wish to contest the suspension, you have 10 days from the date you received the temporary license to request a hearing before the DMV. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 1/4/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    You will be issued a temporary license Hire an attorney to review your case and present any possible defenses.
    Answer Applies to: Michigan
    Replied: 1/4/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You were charged with a crime and they suspended your license because the legislature wrote the law that way, fair or not. Almost 98% of people get convicted of at least DWAI, so it doesn't make a difference. The law allows your lawyer to make a motion for a hardship or conditional license. If you retained a lawyer you would have kept a partial license.
    Answer Applies to: New York
    Replied: 1/4/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes, if they have probable cause.
    Answer Applies to: Nevada
    Replied: 1/4/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your license can be taken, especially when you refuse to blow in breathalyzer. So, all of your friends that say never blow do not know the license can be taken.
    Answer Applies to: Georgia
    Replied: 1/4/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, your license will be suspended for a refusal to submit to a breath or blood test, or for a positive test for drugs, or if you blow over .07 on the breath test. You can apply for a BAIID device for your car, and get a hardship license, from the Secretary of State.
    Answer Applies to: Illinois
    Replied: 1/4/2013
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The drivers license process + court process are two independent things. If it is less than 7 days since they took your license take the 'Notice of Revocation' you got to any DMV office + request a hearing. You can drive until the hearing which will be held within 60 days. Hire an experienced DUI lawyer!
    Answer Applies to: Colorado
    Replied: 1/4/2013
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    They can take your license under a suspicion of DUI. You have the right to ask for a hearing to retain your driving privileges.
    Answer Applies to: California
    Replied: 1/4/2013
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 5/28/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Yes they can. You are licensing privileges are "administrative" in nature and go through the depth of revenue - drivers license bureau. You are licensing privileges are not "criminal" in nature thus aren't entirely controlled by the underlying case. As a matter of fact, the underlying criminal DWI case can be dismissed but you could still receive a license suspension!
    Answer Applies to: Missouri
    Replied: 12/31/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    In California, they can do that. As a matter of fact, they are supposed to do that. It is up to you to request a hearing with the DMV in order to show the license suspension is not justified. You have 10 days from arrest date to call the DMV and request a hearing. If you don't, your license will be automatically suspended starting 30 days after arrest. The suspension length will vary depending on a variety of factors but is a minimum of 4 months. Keep in mind, this suspension has nothing to do with the court imposed suspension if you are convicted of a DUI. If the court case is dismissed or never filed, you still don't automatically get your license back. So it's in your best interest to request a hearing and start looking for representation.
    Answer Applies to: California
    Replied: 12/31/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes they can. And if you read the pink slip they gave you, you will quickly realize that you have only 10 days to save your license. Hire a DUI specialist now before it is too late.
    Answer Applies to: California
    Replied: 12/31/2012
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