Virginia Administrative License Suspension
Have you ever heard of “double jeopardy”? While this has nothing to do with the game show or the movie starring Ashley Judd, a perfectly legal form of double jeopardy actually exists when it comes to a DUI. In Virginia, if you are charged with a DUI, you will face two separate cases. One is in criminal court and the other is a hearing with the state’s DMV. During the DMV hearing, the state will seek to take away your driver’s license. But as part of the criminal court penalties, you could also have your driver’s license taken away there as well. So how can you be charged twice for the same crime and receive the same penalties twice without it being considered double jeopardy? Simple. The hearing with the DMV is considered a civil proceeding, not a criminal one.
For a first-time DUI offense in Virginia, your license will be automatically suspended for 7 days. But what ever happened to “innocent until proven guilty?” It doesn’t apply here because again, this is considered a civil proceeding, not a criminal one. It is the DMV who is taking away your driver’s license, not yet the court system. If you have two DUI convictions, your license will be suspended for 60 days. When you have three DUI convictions, your license is suspended until the date of your trial.
The seven-day administrative license suspension also applies if you refused to take the breath test. This is considered a violation of the Virginia’s Implied Consent law and the DMV will seek to suspend your driver’s license for 1 year. Your license is also suspended for seven days when your blood alcohol content is over the state’s legal limit of .08%.
When your license is suspended, you do have the right of contesting it in the general district court where you were arrested. You can also file a challenge in accordance with Virginia’s code 46.2-391.2.
But before you march in there to “save yourself”, you should seriously consider hiring a DUI defense attorney. Instead of filing the appeal yourself, your lawyer can take care of that for you. After filing the appeal, the court must grant you a hearing the next business day.
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