Many people are not familiar with what an Administrative Per Se license suspension is, let alone what rights they have under its terms. It is important to remember that even though it is part of the legal processes that you will find yourself subject to if you have been arrested on a DUI charge, the Administrative Per Se suspension happens solely through the DMV, and is completely unconnected to the process of your case through the court.
When you were arrested, the arresting officer confiscated your driver’s license and gave you a pink piece of paper. That is your temporary driver’s license. It lasts for 30 days, at the end of which, your license will be automatically suspended. This is called an Administrative Per Se, or “on-the-spot” suspension.
The thirty days is to provide for due process and give you time to challenge the suspension with a DMV review. The catch, however, is that you only have 10 days from the date of your arrest to request the hearing to challenge the suspension of your license. It is absolutely imperative that either you or your attorney make the request within this window. If you fail to call the DMV to request the hearing, you will in most circumstances have waived your right to contest your suspension.
All too often, people will overlook the Admin Per Se, more worried about fighting their case in court than dealing with a government department, but you can and should contest the DMV suspension. David Knecht has extensive experience in this area, having successfully represented clients in many DMV administrative hearings. Contesting the legality of these Admin Per Se suspensions is one of areas of expertise at the Law Offices of David W. Knecht, and you may engage us to represent you in this matter as well as in your DUI charge.
Call David Knecht today to schedule an appointment to talk about your rights to a hearing.
