How do I get my confiscated license from the police? 41 Answers as of May 30, 2013

How do I get my confiscated license from the police? I got pulled over and the police confiscated my license.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
They usually mail you or give you a temporary plate until the issues are resolved.
Answer Applies to: Michigan
Replied: 6/25/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
Under Oregon Law there are several reasons for a suspension. First, the DMV will suspend a license for 90 days with a BAC test over .08, or 1 year for a refusal. A DUI conviction will lead to a 1 year suspension (for the first conviction) but this can run concurrent to the DMV suspension. With additional conviction you may fall under the "habitual offender" suspension, or worst of all have a "lifetime suspension" which means you are suspended for 10 years. The only way to drive during this time is with a Hardship/Probationary Permit (if you qualify) but this is only valid in Oregon. Talk with a knowledgeable DUI Lawyer with the details of your situation.
Answer Applies to: Oregon
Replied: 4/20/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
It depends on the circumstances that led to your license being confiscated. In most instances, you cant.
Answer Applies to: Michigan
Replied: 4/10/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If the license was taken for a DUI charge, the State requires the police seize the license. The person must request a driver's license administrative hearing to determine whether the license will be suspended. After all hearings and suspensions are finished, the driver must obtain a new license at a driver's license facility. You will not get your original license back.
Answer Applies to: Kansas
Replied: 4/9/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
You should have been given a temporary license pending an administrative hearing on your suspension if you asked for a hearing. When your suspension is over go to the DMV to get your license back.
Answer Applies to: Louisiana
Replied: 4/9/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Proceed to the Driver's Liscence office and request a new license. If your driving privileges are not suspended or revoked they should issue you a new license.
    Answer Applies to: Alabama
    Replied: 4/9/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't tell me why you were pulled over and what charges, if any, you are looking at. You have provided me with absolutely no facts. I have no idea.
    Answer Applies to: Washington
    Replied: 5/30/2013
    Attorney at Law | Steven E. Ferguson
    Your license was probably taken due to a breath test above the legal limit or a refusal to take a test. The officer should have given you a notice and 30 day temporary license. You must request in writing within 14 days of your arrest that the Department of Public Safety set a hearing on the breath test or refusal. You may be able to work out a work permit for the suspension period and then must pay the charges for reinstatement once the suspension period ends.
    Answer Applies to: Oklahoma
    Replied: 4/9/2012
    Lykins Law | Gerald Lykins
    Per Michigan law, the officer is suppose to confiscate your license at the time of the OWI arrest. Typically it is destroyed and you would need to get a new license if the charges would be dismissed.
    Answer Applies to: Michigan
    Replied: 4/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You would need to request it from the cops. If it is a valid plate they should give it back. If not valid they won't return it.
    Answer Applies to: Nebraska
    Replied: 4/6/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    They should not have done so. Contact the officer that arrested you and ask that it be returned.
    Answer Applies to: West Virginia
    Replied: 4/6/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    If the police took your driver's license as a result of you being arrested for dui and having a blood/alcohol result of .08 or more, you will have to contact DMV, not the police, and determine the conditions for reinstatement.
    Answer Applies to: Nevada
    Replied: 4/6/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You'll almost certainly never see that license again.
    Answer Applies to: New York
    Replied: 4/6/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    In AZ you have to get a new one from MVD
    Answer Applies to: Arizona
    Replied: 4/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You have not told me what you were arrested for or charged with. I do not know if you were suspended or the license was altered or fake. I do not know if you were charged with DWI or some crime. You must give me the details in order to get a proper answer. If you don't ask a proper question a lawyer cannot give you a proper answer.
    Answer Applies to: New York
    Replied: 4/6/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Did you get pulled over for DUI? If so and they confiscated your license they should have given you a paper that has your breathtest results on it. (assuming you took one) Look at it. It is your license until the court case is completed.
    Answer Applies to: Michigan
    Replied: 4/6/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You don't. You were given a temporary license. Only DMV can issue you a new one when you qualify.
    Answer Applies to: California
    Replied: 4/6/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    If it was confiscated because you were suspected of DUI, you can't get it back. You need to make sure you request a DMV hearing and fight against license suspension at the DMV and the Court.
    Answer Applies to: California
    Replied: 4/6/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a criminal lawyer to discuss all your rights and options. There are many reasons why the police might hold on to a license, but your attorney can help you with all your rights and options.
    Answer Applies to: Georgia
    Replied: 4/6/2012
    Law Office of Gregory Crain | Gregory Crain
    If it is a Dui, you get them back from driver control. If for other reasons, request them back.
    Answer Applies to: Arkansas
    Replied: 4/6/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You normally have to wait until after the result form a DMV hearing or a reinstatement of your license to get you actual driver's license back.
    Answer Applies to: California
    Replied: 4/6/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Depends on why it was confiscated. If you were arrested for DWI, you will have to settle the DWI first.
    Answer Applies to: Texas
    Replied: 4/6/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You probably can't if you either refused a chemical test in a DUI case or took a breath test and it was over .08.
    Answer Applies to: Colorado
    Replied: 4/6/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    If your license was confiscated at the time of the DUI arrest, keep the citation in your possession while driving. In the event that your DUI charge is reduced to "reckless driving", you should be able to obtain your license from whichever agency is holding the license. If you are convicted of DUI, you will not be able to get your license back until it is reinstated. You may; however, be eligible for a "limited permit" (depending on the facts of your case).
    Answer Applies to: Georgia
    Replied: 5/30/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    It depends on what the reason is for your being pulled over. If it was for DWI and you blew over .08 then it is suspended during the pending case. You can apply for a conditional license after 30 days.
    Answer Applies to: New York
    Replied: 4/6/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You ask for them. Good luck.
    Answer Applies to: Georgia
    Replied: 4/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can't until you win your DMV Hearing or the suspension is over, and you've completed all the requirements (like alcohol school, SR-22...etc.).
    Answer Applies to: California
    Replied: 4/6/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You will get it back once your case is resolved, unless your license is suspended or revoked.
    Answer Applies to: Georgia
    Replied: 4/6/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    You can call the police department and ask for the officer listed on your ticket, but it is probably easier to just order a new one from MVD's website. Realize though that if you got pulled over for a DUI there may be MVD consequences, for instance if the officer gave you a form called an Admin Per Se.
    Answer Applies to: Arizona
    Replied: 4/5/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    If you were arrested for drunk driving, you will not be getting your license back, you will have to apply for a new one once your drunk driving case has concluded.
    Answer Applies to: Michigan
    Replied: 4/5/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    If in Michigan your license was destroyed.
    Answer Applies to: Michigan
    Replied: 4/5/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    They won't give it to you back. But as long as it hasn't been actually suspended, nothing prohibits you from going to the DMV and getting a new one.
    Answer Applies to: Texas
    Replied: 4/5/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You may not be able to get the license back but this depends on the charges and possible defense. I advise you to speak with an attorney.
    Answer Applies to: California
    Replied: 4/5/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If you were arrested for DUI, had a .08 BAC or higher, and a CA drivers license, then the officer is supposed to confiscate your license and give you a 30 day temp license. You or your attorney has 10 days from the arrest to request a DMV hearing and get a new temp license.
    Answer Applies to: California
    Replied: 4/5/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    I would need more information, it depends upon why they confiscated your license. For example, if you were stopped for driving under the influence of alcohol and failed the breathalyzer the police will take your license. I would need additional information to better advise you.
    Answer Applies to: Massachusetts
    Replied: 4/5/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    If you were cited for DUI then your license was taken away and you were given a form that will serve as a temporary license. Contact an attorney to discuss the best way to respond.
    Answer Applies to: California
    Replied: 4/5/2012
    Law Office of Robert Sisson | Robert Sisson
    Just go to DMV, pay the few dollar few, and get a duplicate.
    Answer Applies to: Wisconsin
    Replied: 4/5/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    It will be sent to the court where your case is being heard. Each court has its own procedures on when they release licenses back to defendants, but it usually only happens after you have resolved the case.
    Answer Applies to: Illinois
    Replied: 4/5/2012
    The Law Office of Scott M. Aaronson, PLLC | Scott Aaronson
    You cannot get the license back. You were probably issued a temporary paper license. This license serves as your actual license until you are either convicted of OWI or the case is dismissed.
    Answer Applies to: Michigan
    Replied: 4/5/2012
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