Interviewer: Let’s talk about the driver’s license part of a DWI charge. What will happen to their driver’s license? Will it be automatically suspended?
Most Often, the Judge Revokes Your License at Your Arraignment
Ben: Yes. Your driver’s license is automatically suspended at the arraignment. The judge takes it away.
Interviewer: Do the police take it away or the judge takes it away?
Ben: Usually it’s handed up at the arraignment in the court and that is the first time when you see a judge.
Can You Contest Your Driver’s License Suspension?
Interviewer: Is there any way to contest it being suspended, or is it just suspended and that’s it?
You Are Entitled to Request a Hearing at the Department of Motor Vehicles to Contest Your Driver’s License Suspension
Ben: You can request a DMV hearing. You can have the police come in and testify there, but usually, you’re not going to win one of those. The DMV is going to suspend it there too.
You Can Petition for a Hardship License to Restore Limited Driving Privileges
What you can do is have a hardship hearing in front of a judge, and you can get your license just to go back and forth to work or back and forth to school or back and forth to healthcare appointments if you’re sick. You can have a license just for that hardship time, but you would have to retain a lawyer to represent you at that hearing in front of a judge.