Two Ways to Lose Your License With a DUI
There are two ways your driver’s license can be taken from you when you are arrested for driving under the influence (DUI). The first way is administratively and the second is by either conviction or plea to the actual charge of DUI.
If your license is taken from you when arrested, you are usually provided a form 1205, which serves as a 30 day driving permit. You are required to request a hearing in writing within 10 business day of your arrest if you wish to contest the administrative license suspension. In addition, you are required to send in a $150 “hearing fee” (crazy isn’t it?) along with the letter requesting the hearing.
The standard of proof at the administrative license suspension hearing, commonly referred to as an ALS hearing, is whether there was sufficient probable cause to arrest for DUI. This is a lower standard of proof than what is required at the trial of the criminal case which requires proof beyond a reasonable doubt. The ALS hearing is also a prime opportunity for you and your attorney to learn information about your case.