Criminal AND Civil Sanctions

Unlike most felonies and misdemeanors, a DUI arrest has two separate sets of penalties. There are those arising from the criminal charge itself, and those arising "administratively" through the Department of Licensing immediately upon arrest. With a DUI, you have to fight a battle on two fronts; first, to prevent DOL from suspending or revoking your license, and second, defending against the criminal charge. Idiotic as it may seem, you can have your license suspended or revoked by DOL even though the criminal charge is later dismissed, reduced, or you proceed to trial and are found not guilty months later!

Forget about the notion of "double jeopardy". The law sidesteps this "double punishment" issue because the DOL sanctions are considered "civil", while the DUI charge itself is considered "criminal". Double Jeopardy only comes into play if you are punished twice for the same crime. Reasonable people would say that such a technical distinction is legal nonsense. It is. But it's also the law.

If you are arrested for and charged with a DUI, the arresting officer is required to inform you of certain rights and is supposed to provide you with a Driver's Hearing Request Form. In order to prevent an uncontested suspension of your license for 90 days, you must complete this form and mail it to DOL within 20 days of the date of your arrest. The form must be accompanied by a fee of $200 in order to obtain a DOL hearing where you can try to fight the license suspension. If you do not get this form to DOL postmarked within 20 days of arrest, you will have waived the right to a hearing. Send it now!

If the officer did not provide you with this form or you've misplaced it, I can send you one via email or you can download it from the DOL's website. It's the first step in defending yourself in a DUI. Remember that this process kicks in when you are arrested. In some courts, the criminal charges might not actually be filed until months after your arrest.

If you retain Robert McKay & Associates to represent you on a DUI, representation will cover all DOL hearings and all criminal court matters right through trial, if necessary. So call now at 877-242-4808.