QUESTION
Can the police take my license away for DUI before I'm convicted?
Asked on Dec 26th, 2012 on DUI/DWI - California
More details to this question:
I have not ben convicted of a DUI in court just yet. Why are they taking my license away if I was not charged with any crime? I was just arrested and thats it.
12 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes. They do it all the time to people who are charged with DWI. You can have your license suspended even if you are not convicted.
Answered on Jan 04th, 2013 at 3:24 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Your license will be suspended in MA for failing the breath test or refusing to take the breath test. This is considered an administrative suspension and has nothing to do with the court. That will be a separate issue depending on the outcome of your case.
Answered on Jan 04th, 2013 at 1:47 PM
In Massachusetts the police have the right to take your license after an arrest for operating under the influence of alcohol if you fail a breath test or refuse to take a breath test. If you fail the test, the loss is for 30 days; if you refuse the test the loss is for 6 months whether or not you have been convicted.
Answered on Jan 04th, 2013 at 5:15 AM
Michael J. Breczinski
In Michigan they take away the license on request and issue a paper that substitutes for a license. After the case is over you get the license back unless it is revoked.
Answered on Jan 04th, 2013 at 5:09 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you have not yet been told that charges have been filed against you, you will likely receive notice soon. Read ALL the papers which the police gave you.The police can take your license, in particular if any test shows a prohibited blood alcohol content.The action is really administrative rather than judicial. You probably received a notice when they tested you letting you know you have 10 days to request an Administrative Review. These are a very strict ten days. If this is a second or subsequent OWI (-DUI) charge,you would do well to hire an experienced lawyer.
Answered on Jan 04th, 2013 at 4:34 AM
If you are placed under a license suspension, officers can take away your license. That is a fairly typical procedure. You may want to contact an experienced OVI attorney for further advice on your situation.
Answered on Jan 04th, 2013 at 4:27 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, they can. When your license was taken by the police, you should have been given a pink piece of paper which is a temporary license valid for 30 days from the date your license was taken. After the 30 day period expires, your license is suspended by DMV. If you wish to contest the suspension, you have 10 days from the date you received the temporary license to request a hearing before the DMV. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 04th, 2013 at 4:09 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You will be issued a temporary license Hire an attorney to review your case and present any possible defenses.
Answered on Jan 04th, 2013 at 4:03 AM
John J. Carney
You were charged with a crime and they suspended your license because the legislature wrote the law that way, fair or not. Almost 98% of people get convicted of at least DWAI, so it doesn't make a difference. The law allows your lawyer to make a motion for a hardship or conditional license. If you retained a lawyer you would have kept a partial license.
Answered on Jan 04th, 2013 at 3:58 AM
James Edward Smith
Yes, if they have probable cause.
Answered on Jan 04th, 2013 at 3:42 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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In California, they can do that. As a matter of fact, they are supposed to do that. It is up to you to request a hearing with the DMV in order to show the license suspension is not justified. You have 10 days from arrest date to call the DMV and request a hearing. If you don't, your license will be automatically suspended starting 30 days after arrest. The suspension length will vary depending on a variety of factors but is a minimum of 4 months. Keep in mind, this suspension has nothing to do with the court imposed suspension if you are convicted of a DUI. If the court case is dismissed or never filed, you still don't automatically get your license back. So it's in your best interest to request a hearing and start looking for representation.
Answered on Dec 31st, 2012 at 2:32 PM
Yes they can. And if you read the pink slip they gave you, you will quickly realize that you have only 10 days to save your license. Hire a DUI specialist now before it is too late.
Answered on Dec 31st, 2012 at 2:27 PM