Why did the officer took my license and issued me suspension? 54 Answers as of June 21, 2012

I was pulled over for DUI. I was wondering, shouldn't I have the right to be considered innocent first?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. You are considered innocent until proven guilty beyond a reasonable doubt. Further, in most situations, the officer clips the license and gives it back to the driver. However, driving privileges may be impacted in a litany of ways from an OUI arrest if you have other issues on your record. There could be civil infractions involved too.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You are considered innocent of the criminal charges until proven guilty in a trial. However, the administrative action concerning your driving privileges are not the same, most states require the officer confiscate your license and issue you an alternate means of driving if your license was valid when you were stopped, pending a hearing on the license issue.
Answer Applies to: Kansas
Replied: 3/26/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Yes you should.
Answer Applies to: New York
Replied: 3/26/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Driving is a privilege. That statement is important because you have the right to an administrative hearing (ALR) if you refused breathe or blood.
Answer Applies to: Texas
Replied: 3/26/2012
Correia-Champa & Mailhot
Correia-Champa & Mailhot | Susan Correia Champa
If you refuse to take the breathalyzer by statute in MA it is an automatic suspension.
Answer Applies to: Massachusetts
Replied: 3/26/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    You are considered innocent until proven guilty on the traffic charge however DC law requires that the driver"s license of a person charged with DUI to be administratively suspended.
    Answer Applies to: District of Columbia
    Replied: 3/26/2012
    Bensmochan & Poghosyan, LLP
    Bensmochan & Poghosyan, LLP | Ruzanna Poghosyan
    Taking of drivers license and issuance of a temporary license (a pink paper) along with a citation to appear in court is standard procedure for most misdemeanor DUI arrests in California. What officer issued you is not a suspension but a citation to appear in court and yes, you will be considered innocent until proven guilty in a court of law. Do not forget to contact the DMV within 10 days of your arrest to request a hearing. Otherwise your license will be suspended automatically after expiration of your temporary license (i.e. after 30 days). You should seriously consider hiring a competent criminal defense attorney for your DMV and Court hearings if your innocence and license are important to you.
    Answer Applies to: California
    Replied: 3/26/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You absolutely are innocent unless proven guilty. You need to hire a skilled DWI attorney.
    Answer Applies to: Texas
    Replied: 3/26/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN your license can be revoked if you test .08 or above. You have 30 days from the date of stop or issuance of a notice of revocation to dispute the revocation by a Petition for Judicial Review.
    Answer Applies to: Minnesota
    Replied: 3/26/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. The officer should not take your license and cannot suspend you.
    Answer Applies to: New York
    Replied: 3/26/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    In Oregon, the initial suspension for a DUI falls under the Implied Consent rules from the DMV. This means that you are not considered guilty from the beginning under court rules, but under the DMV's administrative rules. Thus, the suspension for 90 days or 1 year will come from the DMV and not the courts which may or may not require an additional suspension. Contact a DUI Lawyer with additional questions.
    Answer Applies to: Oregon
    Replied: 3/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Was your license valid when you were pulled over? If so he would have taken your license and issued you a paper that acts as a temporary license while the court case is going on.
    Answer Applies to: Michigan
    Replied: 3/26/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You do have the right to the presumption of innocence and you can keep your license so long as you request an admin per se hearing with the DMV within 10 days of the incident. Otherwise you will suffer a suspension.
    Answer Applies to: California
    Replied: 3/26/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    When an officer takes your license after a DUI stop he gives you a temporary license. This is generally good for 30 days. This is not a restricted license or a suspended license and you can drive with it just like your real one.
    Answer Applies to: California
    Replied: 3/26/2012
    Law Offices of Christopher L. Hoglin, P.C.
    Law Offices of Christopher L. Hoglin, P.C. | Christopher L. Hoglin
    When you are stopped and arrested for DUI, law enforcement has the right to immediately confiscate your driver's license. When, in the event, a licensee is accused of operating a motor vehicle in violation of California Vehicle Code ?? 23152(a);(b), the California Department of Motor Vehicles, pursuant to Vehicle Code ? 13353.2, shall immediately suspend the privilege of any person to operate a motor vehicle if the person was driving a motor vehicle when the person had a 0.08 percent or more, by weight, of alcohol in her blood. Because of this Code Section, law enforcement, without proving your guilt, has the authority to take your driver's license. However, the Pink paper that's given to you upon your release from Custody explains that you have a right to a hearing on this issue prior to the suspension taking effect. You only have 10 days to submit your request to your local DMV Driver Safety Office (failure to request the APS hearing within 10-days of your arrest will result in a denial of your right to a hearing, and your license will be suspended). The right you are referring to in your question applies to the Court. In a criminal proceeding, we are innocent until proven guilty. Because a driver's license is not a "protected right" a suspension may occur prior to you being found guilty.
    Answer Applies to: California
    Replied: 3/26/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The officer is required to take your license, and issue a Section 625 Permie. It is still a full license, and you are not suspended. Instead, this is a notification that there is a case pending, which is filed with the Secretary of State. If your case is dismissed and not a drinking and driving offense, then your license goes back to the way it was previously. Your attorney will explain this to you in more detail. If the attorney is not familiar with this, they you have an inexperienced attorney. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 3/26/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Normally, the officer takes your driving license and issues to you a gold paper which is your temporary driving license pending the official suspension of your driver's license and you are usually allowed to drive on that gold paper until you receive notice of your suspension from the Alabama Department of Public Safety. (Try showing that gold paper to an officer if stopped for any other violation prior to official suspension). If your driver's license is suspended at the time fo the stop you are not allowed to drive.
    Answer Applies to: Alabama
    Replied: 3/26/2012
    Law Office of Gregory Crain | Gregory Crain
    That's an administrative suspension. You were issued a temporary license. Go to hearing.
    Answer Applies to: Arkansas
    Replied: 3/26/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    You are correct that in this country you are innocent until proven guilty. That statement applies to crimes, it does not apply to the issuance or suspension of a drivers license. In Massachusetts a drivers license is considered a privilege not a right. Because it is not a right, the police do have the authority to take the license if you refuse a breath test or if you fail the breath test. That authority to take your license was established by Registry of Motor Vehicle standards.
    Answer Applies to: Massachusetts
    Replied: 3/26/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    You are innocent until proven guilty beyond a reasonable doubt. However, driving is a privilege, and every driver implicitly agrees to submit to any tests requested by an officer if the officer has a reasonable basis for believing that you were impaired while driving upon a public way. If you fail a test, or refuse to submit to a test, the officer has a statutory right to revoke your privilege to drive. The privilege is a civil matter, not criminal.
    Answer Applies to: New Hampshire
    Replied: 3/26/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you refused to take the requested sobriety tests, you receive a 12 month administrative (non-criminal) suspension of your license, unless you request a hearing with the Department of Driver Services within 10 days of the date you were cited for DUI.
    Answer Applies to: Georgia
    Replied: 3/26/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    When you are arrested for drunk driving, it is mandatory under Michigan law for your driver's license to be confiscated. You are then issued a paper, temporary license, what is commonly known as a Section 625g permit. The arresting officer cannot and did not suspend you. You have the same driving privileges after the arrest that you did before the arrest.
    Answer Applies to: Michigan
    Replied: 3/26/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No, they law orders the cop to do what he did.
    Answer Applies to: Michigan
    Replied: 3/26/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You are correct, but the system was designed to get alleged drunk drivers off the road. The cop should have given you a temporary license so you can drive for 15 days and appeal from the suspension. The criminal ticket they have to prove you guilty beyond a reasonable doubt. The trouble is that they can put conditions on your driver's license and one is that you agree to test and if you fail they take your license. The system has been found to be constitutional but is more of a one sized approach to correct a problem that has many forms.
    Answer Applies to: Nebraska
    Replied: 3/26/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    If your breath test exceeds .08 an officer will take your driver's license and submit it to DMV. Your license will be revoked for 90 days for driving and being over .08. This 'per se' revocation is considered to be a civil proceeding, not criminal, and there is no presumption of innocence. You can request a hearing at DMV to contest the revocation.
    Answer Applies to: Nevada
    Replied: 3/26/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If the officer followed the rules, you should have been given a temporary 30-day license giving you the opportunity to challenge the case with the DMV. But you only have ten days in which to schedule the appointment.
    Answer Applies to: California
    Replied: 3/26/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    He didn't issue a suspension. He gave you a temporary license, which if you read carefully says you have 10 days to request a hearing to contest the action.
    Answer Applies to: California
    Replied: 3/24/2012
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Once the officer determined that there was probable cause to charge you with DUI, Virginia law requires that the officer seize your license which is automatically suspended for seven days. (When you appear for your arraignment hearing the license should be restored to you.) You will later have the opportunity in court to prove your guilt or innocence.
    Answer Applies to: Virginia
    Replied: 3/23/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You are considered innocent in the eyes of the law. However they take possession of your license and issue you a temporary one until you are convicted or freed.
    Answer Applies to: California
    Replied: 3/23/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Drinking and driving is like firing a gun at a moving trail and hoping that no one gets hit by the bullets. It is immature, selfish, and dangerous. Millions of people have been killed or injured and the legislature of every state has gradually increased the penalties for DWI. Despite this, young men still drive drunk late at night coming home from bars because they fail to see the risk and are too cheap to take a taxi. They think they are fine to drive and will not get pulled over but they are going to be pulled over by the police who know half of them are intoxicated, especially at 3:00am on a weekend. You are presumed innocent until proven guilty, but they are going to take your license and you must then get a conditional license to drive only to work or school.
    Answer Applies to: New York
    Replied: 3/23/2012
    T.K. Byrne | Timothy K. Byrne
    The officer took your license but did not issue a suspension. Only the highway patrol may suspend a drivers license.
    Answer Applies to: Mississippi
    Replied: 3/24/2012
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    If you refused they issue a pre trial suspension.
    Answer Applies to: Kentucky
    Replied: 3/23/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a license to drive which was issued to you. You have a right to a trial and need to retain an attorney.
    Answer Applies to: Michigan
    Replied: 3/23/2012
    Law Office of Robert Sisson | Robert Sisson
    If you reside in the state of Wisconsin the dmv will administratively suspend your license for up to 6 months, while the court case resolves itself. However, this suspension does not usually start right away and therefore I am not sure why the officer would have taken your license. Are you underaged?
    Answer Applies to: Wisconsin
    Replied: 3/23/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Driver license consequences + your rights to presumption of innocence in court are two different things.
    Answer Applies to: Colorado
    Replied: 3/23/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Not per current law. The cop can confiscate your CDL based on his judgment (admin. per se) that you were DUI. You then have to request a DMV hearing within 10 days, or lose your CDL. Therefore, request a DMV hearing and then get an experienced Attorney to help you fight this with the DMV and at Court.
    Answer Applies to: California
    Replied: 3/23/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The maxim that says 'Innocent until proven guilty' does not go very far in the criminal justice system. The reality is that officers do take your license away however you can request a DMV hearing within ten days of being cited for DUI. Your attorney (you have to hire one) will argue to prevent the suspension of your license. Other examples are when a person is arrested they stay in jail until they pay bail or a judge decides that they do not pose a flight danger.
    Answer Applies to: California
    Replied: 3/23/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    You should, but the revocation is not considered criminal, but civil remedial. You still have a right to a hearing and you have 7 days to request it. Requesting this hearing restores your driving privilege pending the hearing. Good luck!
    Answer Applies to: Colorado
    Replied: 3/23/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    There is no constitutional right to drive. It is a privilege granted by the State and they are free to regulate it as they see fit. One rule is if you blow over .08 your license is suspended pending prosecution. You can apply for a conditional license after thirty days.
    Answer Applies to: New York
    Replied: 3/23/2012
    Harvath Law Offices | Michael T. Harvath
    When you receive a DUI, there are two separate types of penalties that follow. The first set of penalties are the ones that are issued by the Department of Motor Vehicles. The second set of penalties are the ones that are issued by the courts. In order to receive a sentence, including fines, community service, or jail time from the courts, you would first have to be convicted or plead guilty. Depending on the facts of your DUI (where you were stopped, what caused you to get stopped, etc...), it can be possible to avoid a large amount of the court penalties-if an attorney argues the relevant facts to the court. In order to receive penalties from the Department of Motor Vehicles, you only have to be stopped and charged (not convicted) with a DUI. We are often able to get people's driving privileges back, or the license reinstated, however, by requesting a hearing with the Department of Motor Vehicles. Additional detail would be needed to determine what facts could be potentially argued to get your license back.
    Answer Applies to: Missouri
    Replied: 3/23/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    I don't understand your question. You are always presumed innocent. The officer can not issue you a suspension, that can only come from the secretary of state or court.
    Answer Applies to: Maine
    Replied: 3/23/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, they acted under the law. You are not convicted yet and can drive without restrictions.
    Answer Applies to: Michigan
    Replied: 3/23/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You haven't given me enough info. If the officer said you were suspended, then you must have something else beside the DUI going on. My advice: get an attorney to help you with this.
    Answer Applies to: Washington
    Replied: 3/23/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    When you are arrested for DUI, two processes begin. One is a criminal charge in which you are presumed innocent and you will have to go to court to defend. The other is an administrative action regarding your driver's license. The officer makes an initial determination and seizes your license, that decision is reviewed by the ADLRO. You have the right to challenge the ADLRO decision. If you are serious about fighting both aspects of the DUI, you need to hire an aggressive attorney who will fight in each arena for you.
    Answer Applies to: Hawaii
    Replied: 3/23/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Why did the officer took my license? Because that is the law upon arrest for DUI. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the criminal 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, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 3/23/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    The officer gave you a suspension most likely because you failed a breath test. You haven't been convicted of DUII, and are still presumed innocent, but when you got your Oregon drivers license, you agreed to give a breath test when asked, and that if you failed, that you agreed to a license suspension regardless of actual guilt on a DUII charge.
    Answer Applies to: Oregon
    Replied: 3/23/2012
    The Smalley Law Firm, LLC | Cary Smalley
    The issue of your driver's license is a separate matter from your criminal DUI case. Your license will automatically be taken upon being arrested for DUI. However, you should have received a paper slip that will allow you to drive until your license is officially suspended unless you file an administrative appeal.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First, driving is not a right, but a privilege. If the officer smells alcohol, and you refuse to answer any questions, you will be arrested. If you refuse to blow in the breathalyzer, your driver's license will be suspended for one year. However, you probably won't be convicted of a DUI, because there will be no evidence of DUI. While you beat the DUI, you will not be driving for one year.
    Answer Applies to: Georgia
    Replied: 3/23/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Your license is considered a quasi-civil matter through the DMV and you have the right to request a hearing to fight your license being suspended, but must do so within 10 days of your arrest. If you don't already have an attorney, I highly recommend that you retain one for both the criminal matter and the DMV.
    Answer Applies to: California
    Replied: 3/23/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Separate civil license suspension procedure through the DMV. Need to request hearing within 10 days.
    Answer Applies to: California
    Replied: 3/23/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You have a right to a hearing. If you do not exercise that right, your license falls into suspension.
    Answer Applies to: California
    Replied: 3/23/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Under Illinois' summary suspension law, you will be suspended for failing or refusing a breath, blood or urine test after being arrested for DUI.
    Answer Applies to: Illinois
    Replied: 3/23/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!