Is it legal to take away my license before I am convicted of a DUI? 79 Answers as of May 30, 2013

The police officer who pulled me over took my license away and gave me a temporary one. Is it legal to do this? I thought I was innocent until proven guilty? How can I get my license back now?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
That temporary license is your license while the case is pending an you will get it back if you beat the case.
Answer Applies to: Michigan
Replied: 3/5/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The officers will confiscate your actual license and give you a temporary one good for 30 days. Yes this is legal and required whenever one is arrested for a DUI. The State driver control office will determine what administrative penalties to assess depending upon whether you failed the breath test or refused it.
Answer Applies to: Kansas
Replied: 2/28/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Yes it is legal. If you tested .08 or above your license can be revoked. To challenge your revocation you have to Petition for Judicial Review. Please contact an attorney quickly to review your rights and options.
Answer Applies to: Minnesota
Replied: 2/27/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Yes, this is the standard practice in the District of Columbia.
Answer Applies to: District of Columbia
Replied: 2/27/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You are innocent until proven guilty beyond a reasonable doubt. You have a right to counsel. I would strongly advise you exercise that right by either retaining a lawyer or requesting that the court appoint you a lawyer payable at the public's expense. Most attorneys provide free initial consultations. Speaking generally, it is common procedure and perfectly legal for a police officer to issue a temporary license during pending OUI offenses or other alleged traffic misdemeanors. License revocation or suspension are potential sanctions through the Secretary of State if a person is convicted of traffic certain offenses, including misdemeanors such as an OUI. A temporary license generally does not infringe on a person's presumption of innocence since it is merely an administrative issue. I'd advise you to either retain a lawyer or request the court to appoint you one.
Answer Applies to: Michigan
Replied: 2/27/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    For starters you should read the pink form the cop gave you when he took your license. Second you should contact an experinenced criminal law specialist to see what is best in your individual case. Third you have only 10 days to ask the DMV for a hearing as far as the adminstrative suspension is concerned.
    Answer Applies to: California
    Replied: 2/27/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Unfortunately, it is legal (and proper protocol, as a matter of fact) to keep your driver's license. The only way to save your license is to schedule a DMV hearing within ten days of the date of your arrest.
    Answer Applies to: California
    Replied: 2/27/2012
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Cal. law requires the officer to take your license if your B/A result was over a .08. You have a right to a hearing, as is explained on temporary license paper.
    Answer Applies to: California
    Replied: 2/27/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, you have a temp. License to drive is a privilege. So, did you give breathe or blood? If not, did you get a DIC24? If so, did you file the Request for ALR within 10 days and if not, get it done NOW.
    Answer Applies to: Texas
    Replied: 2/27/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Only if you refused the breath or blood test.
    Answer Applies to: Montana
    Replied: 2/27/2012
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    DWI cases in New York come with a procedural suspension of your license called suspension pending prosecution. This means that once a judge or town justice has sufficient cause to believe that you were operating a motor vehicle with a .08 BAC (blood alcohol content) or above that they can take your license during the pendency of the case. This is not a finding of guilt in the DWI charge but rather a procedural rule. You can request a hardship license to drive to work, school and medical appointments (including family) and after 30 days from the date of your suspension you can obtain a conditional license from the DMV which provides some additional driving privileges. An attorney can help you prepare the required information necessary to obtain a hardship privilege.
    Answer Applies to: New York
    Replied: 2/27/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    State law requires police take license if refuse testing or provide test over .08. The back of temp license indicates a process for seeking a hearing within 30 days.
    Answer Applies to: New Hampshire
    Replied: 2/27/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    In Utah, the police are required to confiscate your license and issue you a temporary one at the time of your arrest. You then have 10 days with which to file an appeal with the DMV to try to keep your drivers license or have the suspension lowered. It is important that you make this request and you are allowed to have legal counsel present at the time. You should speak to an attorney about representation in the DUI case and most attorneys will handle both the DMV hearing and the DUI case.
    Answer Applies to: Utah
    Replied: 2/25/2012
    J.W.Poprawa, Attorney at Law | Joseph W. Poprawa
    Licenses are destroyed upon arrest for DUI. If charges are dismissed, the Secretary of state will restore your license. Otherwise, they will issue you a restricted or suspend or revoke your license depending on your prior driving record.
    Answer Applies to: Michigan
    Replied: 2/25/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes it is legal. You were given a temporary one. You must contact the DMV within 10 days of your arrest and request an APS hearing, discovery, stay. An attorney is important and necessary in dealing with the DUI and DMV hearing.
    Answer Applies to: California
    Replied: 2/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    When you ar arrested for DWI your license is taken. You may be able to get a conditional or hardship license, but the Legislature knows that most people who are arrested for DWI are guilty and are a danger to the community. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Over 98% of people arrested for DWI will be convicted of some section, either the misdemeanor or the violation. They will find it very hard to get a good career for life and there is no way to erase the conviction. It is much smarter and cheaper to call a taxi.
    Answer Applies to: New York
    Replied: 2/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The laws in the State of Alabama provide for the office to take your driver's license and give you a gold piece of paper as a temporary driver's license pending suspension by the Alabama Department of Public Safety. Try showing the gold paper to law enforcement if they perform a driver's license check and see how they react. If there is sufficient reason for the Alabama Department of Public Safety to suspend your license you will be notified of the suspension. Otherwise, your driver's license will be returned to you.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Under the NH implied consent law, if you are arrested by a police officer based upon reasonable grounds to believe that you were operating a motor vehicle upon a way while under the influence of intoxicating liquor or drugs or a combination of both and you refuse to submit to a post arrest chemical test (breath, blood or urine) or physical tests, you will be subject to an administrative license suspension from the New Hampshire Department of Safety. That suspension will commence 30 days after your arrest. You may request a hearing under NH law at the Bureau of Hearings. This suspension is not from the court or a criminal sanction but is an administrative suspension. You should speak with an experienced DWI/DUI attorney in New Hampshire to discuss the facts and circumstances of your case as well as the rules of procedure for the administrative hearing and court hearings.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Statute allows the Department of Public Safety to revoke the drivers license of drivers who either refuse testing of their blood alcohol concentration(BAC), or, who submit to testing that results in a reported BAC in violation of state statute. You have the right to contest the license revocation but you license is under revocation until you convince a court that there is not a basis for revocation. The courts have upheld a statutory scheme that considers a drivers license to be a "privilege" and the revocation of that privilege to be a civil matter, not a criminal matter. In short, you do not have to be convicted in order to lose your driving privileges. The steps to regaining your driving privileges will depend upon a number of factors including prior alcohol related incidents.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Yes, if you blew a breath test the registered over 0.8% BRAC. However, you should have been given an Affidavit and Notice of Revocation form that permits you to drive for seven days while you ask for a hearing. Upon a timely request for a hearing, DMV gives you a temporary permit that allows you to continue to drive for 60 days or the date of hearing whichever is sooner.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Yes it is legal and proper under the law. Your license to drive is a privilege, not a right. Your license will be returned to you after you are found not guilty of the charge of DWI or after the suspension or revocation of your driving privileges, if convicted, expires.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    That sounds a little odd. I don't know how an officer can give you a temporary license. But generally, yes, your license gets suspended pending prosecution.
    Answer Applies to: New York
    Replied: 2/24/2012
    Joseph T. Barberi, P.C.
    Joseph T. Barberi, P.C. | Geoffrey K. Rettig
    Upon taking a breath, blood or urine test under Michigan's Implied Consent law, the officer will destroy your license upon a showing that the blood alcohol content is at, or exceeds the legal limit of .08. Your temporary permit is a substitute for that license. Your driving privileges remain intact despite the destruction of your license. If your license was destroyed, obviously you won't be getting that particular operator's license back. If you are convicted of an offense arising out of this incident, you will eventually be eligible to appear at the Secretary of State's office and obtain a new picture operator's license, but only after your driving privileges have been fully restored.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    This usually does not happen in West Virginia after a DUI arrest, and I have never run across it in my years of practicing DUI defense. The officer is merely supposed to send notice to DMV that you were arrested for a DUI. They in turn send you a notice to the address listed on your license that you will be revoked for DUI. You have the right to request a hearing to challenge the revocation and you must do so within 30 days of receiving the notice. If this is done, you are perfectly valid to drive until you receive a final order from the Office of Administrative Hearings after your administrative hearing.
    Answer Applies to: West Virginia
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    You are innocent until proven guilty. However, it is legal for the officer to take your driver's license upon an arrest for DUI. Once that happens, you should keep your DUI citation on your person while driving. If your test results are 0.08 or higher, or if the officer alleges that you refused to submit to the State administered chemical test, then you only have ten (10) business days to request a hearing. Failure to do so may result in an administrative suspension of your driver's license.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Michigan law allows for the confiscation of your driver's license upon you being charged with DWI. You will receive a paper license pending the resolution of your case. You can't get your license back prior to the completion of your case but the paper license allows you to drive.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, it is legal. You have the right to contest the administrative suspension of your license by sending a letter appealing the suspension within 10 business days of your arrest.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Is it legal to? Yes. You didn't really think that an officer, who is regularly trained in the law and required procedures, is going to do something 'illegal' do you? Did you not consider that if he had the forms to provide to you, that what he was doing was authorized by his department and the DMV ? What he did is standard procedure. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 2/24/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes, the license is confiscated during the arrest. The yellow sheet you were given serves as a temporary license. You need a lawyer to request an ALR hearing within 15 days of your arrest to fight the suspension of your license. Note that your license can be suspended even if your DWI charge is dismissed.
    Answer Applies to: Texas
    Replied: 2/24/2012
    MCCLUSKEY LAW OFFICE
    MCCLUSKEY LAW OFFICE | Mary McCluskey
    Yes, it's legal. When you surrender a valid license to the police officer you're issued a temporary permit. That permit is valid up to the day of the civil administrative Express Consent hearing. However, you must request a hearing within 7 days of the incident to challenge the license revocation or it's deemed you've waived your right. If you don't request a hearing the revocation will go into effect just after the 7 days. The DMV has up to 60 days to schedule the hearing so you can drive on the temporary permit up till the hearing and possibly after the hearing if you win. You're looking at parallel civil and criminal "prosecutions".
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    The officer merely took your Driver's License as bond (or part of your bond) for the DUI arrest. (They routinely do this for speeding tickets as well). The officer is allowed to do this. You definitely are still presumed innocent and remain this way until you are proven guilty beyond a reasonable doubt. Your driving privileges are also valid. They are valid until 46 days after your arrest when the period of summary suspension starts. However, you are entitled to file a petition seeking to rescind the summary suspension. Once you file this petition you are entitled to a hearing on the petition. If you prevail at the hearing - your driving privileges will be valid while you deal with the DUI charges. Most DUI arrests have two parts to them: 1) the DUI criminal charge; and 2) the statutory summary suspension regarding your driving privileges.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes it is legal. You will get your license back if you are found not guilty or plea and go on probation.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Unfortunately in Oregon, the privilege to drive is just that, a privilege. The only way you can keep from losing your license for the initial 90 days (or 1 year with a breath test refusal) is to have a DMV hearing and win that DMV hearing. These hearing are difficult and should be completed only with an experienced DUI Lawyer by your side. Call around to find an experienced DUI Lawyer and they will know exactly how to request a DMV Hearing to contest your license suspension.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Driving is a privilege and not a right. So if you refuse to take a breath test or blow over the legal limit the law will take your DL. However, you have ten days to request a "Formal Review" (administrative hearing) with the DMV to challenge the "suspension".
    Answer Applies to: Florida
    Replied: 2/24/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Different states have different laws regarding license loss and DUI cases. In Massachusetts if the refuse a breath test, you loss your license for 6 months. If you take the breath test and fail it; you lose your license for 30 days. The court does not take your license, it has nothing to do with guilt or innocence, it is a Registry rule. In Massachusetts a license is a privilege not a right; therefore, the Registry can impose all types of rules and restrictions. Draconian is a word commonly used when describing the Registry and its rules. Rules for drivers under 21 years of age are far more strict.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Did you fail a breath test? Oregon law imposes a license suspension for a DUI conviction, but also for someone who fails or refuses to take a breath test. This is likely where your first suspension stems from, and the length is dependent on several factors. You were hopefully explained how to obtain review of this initial license suspension, and it is imperative that you contact an attorney and request review of the suspension as soon as possible the law only provides 10 days from the date of your arrest to request such a hearing.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Your license can be taken upon ticket or arrest.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes. Officers can seize your license for a traffic offense and issue you a temporary paper license. It happened to me once just for speeding.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, the officer has the right, by law, to take your license, expecially if you took a test and failed it, or outright refused to take a test, be it breath, urine or blood test. Your lawyer can file a motion to dispute the statutory summary suspension, and you might win, but in 95% of the cases, you will lose. Remember something else: Driving is a privilege, NOT a right, obey the law and you should be able to keep the license, but get arrested for DUI, and you will have that valueable piece of plastic taken from you. If you have no statutory summary suspension coming up, you could ask the court to return the plastic, however you might have to post a higher bond than you did when arrested.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    The temporary serves as your license. you are entitled to a DMV hearing to refute the allegation or charge. Remember however, a driver's license is regarded as a privilege not a right so the same rules don't always apply.
    Answer Applies to: California
    Replied: 2/24/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes he can. He gave you a temporary license. The temporary license is still good. You are not as yet suspended, but could be by either Department of Licensing or the court. DOL can suspend independently of the court. You need to hire an attorney.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    It's mandatory by statute that the officer take your license and issue you a 625g permit, the temporary license. You are eligible for a regular license after the conclusion of the drunk driving case.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, if you are stopped for oui and take the breath test an fail, there is an automatic 30 day loss of license. If you refuse the test, there is an automatic 180 day loss of license. There is an additional period of suspension if you are found guilty or if the matter is continued without a finding.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    In Minnesota, as soon as you take a test resulting in a BAC over .08 or more, or refuse to take a test after a probable cause arrest, your license is revoked 7 days later, under the Implied Consent Law. You have 30 days to challenge that revocation, and you may be able to obtain a temporary license while the challenge is pending. Otherwise you need to contact the Dept. of Pub. Safety to determine what steps you need to take to obtain a limited license or get your privileges reinstated.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    If you blew over a .08 your license is suspended pending prosecution. You may apply for a conditional license after 30 days or request a hardship hearing. Your right to drive is a privilege granted by the state it is not a constitutional right and may be infringed for the safety of its citizens. If you refused to blow you have a right to a refusal hearing within 15 days.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. When they do that you have 10 days to request a hearing and a further stay from the DMV.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, assuming it was a CA license (not an out of state license) then the officer has authority to take your drivers license and issue you a temporary license. You or your attorney needs to request a DMV hearing within 10 days of arrest in order to fight the license suspension, and get you a new temporary license that will be good for a longer extended period of time.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    Yes it is legal. Even though you have been charged with drinking and driving your driving privileges have not been impacted. You have a temporary paper drivers license which allows you to drive even though you don't have your photo id. You have asked a lot of good questions on this website and if you're that concerned about all of these issues and what effect a drinking and driving conviction will have on your life, you should really contact a qualified DUI lawyer immediately to begin planning a successful defense. These cases can be beat by the right attorney.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It is not legal in NY for the police officer to do it but the court can. I find it hard to believe that a cop did that, as there is no mechanism for him to do that. A NYS DUI is a very serious charge call us if you want affordable, high quality representation.
    Answer Applies to: New York
    Replied: 2/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It is an officer's duty to take a DUI driver's license. It has nothing to do with the presumption of innocence. It is an administrative action. The officer should have given you a piece of paper. That form has instructions on how to contest your license suspension. If you do nothing, your license will be suspended for at least 90 days and you will have to have an ignition interlock for at least one year. You must read the instructions on the form and mail in your hearing request immediately. There is a $200 hearing fee that can be waived if you are indigent. Again, read the form. For more information about the consequences of DUI in Washington State, please visit the Washington State DOL web site.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    In my experience the court can issue a pre-trial suspension. Typically I see courts do this when the driver refused the breath test.
    Answer Applies to: Kentucky
    Replied: 2/24/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    Yes, it is called a Statutory Summary Suspension. Statutory means by act of law. Summary means without a hearing. You know what suspension means. However, you can contest the suspension by means of a petition to be filed with the Court. Any competent and experienced Illinois DUI attorney will know exactly what to do and how to do it.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes, it's legal. Read the form the cop gave you. It tells you that you can request a hearing on the license suspension. This has nothing to do with the DWI charge. If you request a hearing you must subpoena the cop(s) who stopped you and gave you the tests so that if he/they fail to appear the the suspension hearing the cops report of the stop cannot be used as evidence. If they show up you'll have to prove there was no valid basis for stopping you or if the stop was valid that there was no probable cause to arrest you for DWI.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Yes.
    Answer Applies to: Louisiana
    Replied: 5/30/2013
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Yes, he can do that. There is a process to go through to get your license back. You should hire an attorney as soon as possible. Some of your options are time-sensitive.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Yes. With DUI there is the criminal aspect and the MVD aspect. Your license is taken pursuant to the Admin Per Se. You are entitled to a hearing. Call a DUI lawyer.
    Answer Applies to: Arizona
    Replied: 2/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not only is it legal, the officer is required by law to confiscate your license. Contact a DUI specialist right away, because you have only 10 days to try and save your license.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of William C. Wood, LLC | William C. Wood
    Yes, it is legal for the officer to confiscate your license upon arrest. You need to request a hearing with the MVA within 10 days of the incident to ensure that your temporary license does not expire.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You can request a hearing and if they prove you tested over .0795 and where driving then you lose your ability to drive until court. Most people don't understand that a driver's license is a privilege and not a right so that they can put conditions on your right to drive.
    Answer Applies to: Nebraska
    Replied: 2/24/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    It is standard practice for the officers to take away your license and issue you a temporary license. You have 10 days to request a DMV hearing to reinstate your driving privileges.
    Answer Applies to: California
    Replied: 2/24/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, they can do that - to get it back you need to request a DMV hearing.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Ascheman & Smith | Landon Ascheman
    Yes, in the criminal case you are innocent until proven guilty. Unfortunately, the civil case is a different matter. The courts have determined that the Department of Public Safety has the right to suspend your license, but you can appeal that decision. I would strongly suggest that you contact a criminal defense attorney, like myself, to discuss your case.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Short answer, go get another license. Your license is just as good as it ever was. But hire an attorney asap, you only have 15 days to save your license.
    Answer Applies to: Texas
    Replied: 2/24/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes, the police often will confiscate your license and give you a pink 30 day license or they will hole punch your license. You must request an Admin Per Se hearing with the DMV within 10 days. The police have the right to take your license from you.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    What happened is the normal procedure. You need to call the DMV within ten days and request a hearing. If you do so, they will postpone the suspension until after the hearing. What happens with the DMV is a civil administrative proceeding and has nothing to do with the presumption of innocence, which is confined only to the criminal court proceeding.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    When you are arrested and charged with OVUII two separate processes begin. A criminal charge is leveled and you must appear in court. Simultaneously the officer, by seizing your license, has begun the ADLRO or Administrative process to revoke your license. Both are serious. The government has two chances to take your license, once at the ADLRO and the other in the criminal charge. While the first court appearance may be about 30 days in the future, the ADLRO process moves very quickly. An aggressive attorney will fight for you on both fronts. Some attorneys do not handle ADLRO hearings or just waive examination of officers involved. While no attorney can make guarantees, I have had success on all fronts, ADLRO, criminal charges and for those military personnel, on-post driving privileges and administrative actions such as GOMORs. Hire an attorney that will fight for you and your chances are much better than either pleading out or just hoping things will get better.
    Answer Applies to: Hawaii
    Replied: 2/24/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, this can be done. Consult with a qualified DUI attorney in your jurisdiction right away to see about filing a Petition to Rescind your statutory summary suspension.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First, it is legal IFyou refused the breathalyzer examine or blew above a .08 because you are required by law to blow and not to be above .08. Second, you have no right to a driver's license. Driving is a privilege,and the state is allowed to implement and enforce rules for the safety of everyone. You can possibly get your license back if you retain an attorney and 10 days have not passed since your license was taken. You have 10 days to request an ALS hearing. If you refused the test (because your facebook friends have figured it all out), and miss the ten day cut-off you will be without a license for 1 year. No, you will not be able to get a permit to drive back and forth during that one year. If the ten days have not passed, then you need to retain an attorney immediately.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Law Offices of Scott C. Athen | Scott Carl Athen
    You need to speak with an experienced DUI attorney. You only have a very limited amount of time to request a hearing so that you can fight a license suspension.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Yes. In Virginia your license is administratively suspended for a short period upon DUI arrest.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The police can take your license if you take the breath test and fail or if you refuse to take the test. However, if we can get you a Not Guilty verdict, which you have a much better chance of without the breath test evidence, you can get your license reinstated.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, they can temporarily take your license and give you a paper that will serve as your license. However, you can automatically lose your license for a period of time if you do not appeal that portion of your case within a very short time period after you were pulled over.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    It was "legal" for the Officer to take your license if you submitted a breath test result above .08, or if you refused testing, but it might not have been appropriate. You have 7 days to request a DMV Hearing regarding the revocation of your driving privileges and I urge you to consult an attorney ASAP and request that Hearing at your attorney's direction. You might get your license back through that hearing process and pending the ultimate outcome of the criminal case. I just saved a client's license at the DMV today on a .162 result, so it CAN HAPPEN! Good luck!
    Answer Applies to: Colorado
    Replied: 2/24/2012
    The Rolloff Law Office, LLC | J. Rolloff
    Based on the mere accusation of "drunk driving" you can lose your privilege to drive. To get it back, you'll have to request a hearing to contest the reason for having had revoked it
    Answer Applies to: Minnesota
    Replied: 2/24/2012
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