How Does the Administrative License Suspension Process Work in Delaware?

When a driver is suspected of DUI or refuses a chemical test under Delaware’s implied consent rule, the Division of Motor Vehicles (DMV) can initiate an administrative license suspension or revocation. The process is separate from your criminal proceedings. In this article, the Delaware DUI attorneys at the Law Office of Michael W. Modica will discuss the administrative license suspension process and how it works in the State of Delaware.

How does the administrative license suspension process work in Delaware? 

• Law enforcement takes immediate action – A law enforcement officer will physically confiscate your driver’s license if you are arrested for DUI or if you refuse to take a chemical test after you’re informed of the revocation penalties.

• Temporary license and 15-day deadline – The officer will issue a temporary license, which is valid for 15 days, after your arrest. As a Delaware driver, you must request an administrative hearing with the DMV within this 15-day period to prevent your license from becoming suspended.

• Administrative hearing request – You must file a written request for an administrative hearing at any Delaware DMV within 15 days. Failure to do this will result in the automatic loss of your driving privileges for at least three months. The form is available online or at your local DMV.

• Purpose of the administrative hearing – The administrative hearing determines if there was probable cause for your DUI arrest. This can include evidence of how you performed on a chemical test. If you blew greater than 0.08 percent or law enforcement found the presence of any drug, then the officer had sufficient probable cause to initiate charges against you.

• Revocation periods – If the DMV rules against you or you fail to request a hearing, your license will be suspended for at least three months. If this is your second DUI, you will face a 12-month suspension. If this is your third DUI, you will face an 18-month suspension. If you refuse a chemical test, your license will be suspended for at least 12 months. If this is your second DUI, then you will face an 18-month suspension. If this is your third DUI, you will face a suspension of two years.

• Required actions after your license is revoked – You will need to complete a course related to drug or alcohol use to get your license reinstated.

• License reinstatement – To get your license reinstated, you must complete the required program, pay all fees (including a $200 reinstatement fee), and have turned in your revoked license for the required period. You may also need a re-examination.

• Appeal process – You can appeal the decision handed down at the administrative hearing. Appeals are generally handled by the Department of Health and Social Services Alcohol and Drug Screening Evaluation. Further appeals are handled by the Court of Common Pleas. Appealing won’t halt the license revocation process.

Talk to a Wilmington, DE, DUI Lawyer Today 

Michael W. Modica represents the interests of Delaware residents who have been charged with DUI or DUI-related crimes. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.