License Revoked? Making Sense of the Revocation, LDP’s, and Your Options

Getting your license revoked is easily one of the most difficult challenges of a DWI charge. There are many variables of a DWI that can change with each case, but losing your license is never one of them. For that reason, it’s important that you understand the process, your options for limited driving privileges, and what criteria you have to meet to have that opportunity. Your DWI proceedings can be difficult, but with this guide, you might feel just a little bit better about what’s to come. 

License Revoked? Making Sense of the Revocation, Limited Driving Privileges, and Your Options 

The main thing to understand are the four criteria an officer must meet before an officer will be able to take your license away…

    1. The officer must have the reasonable grounds to believe that you have committed an ‘implied consent offense’ 
    2. Furthermore, you must have been charged with that offense 
    3. The chemical analyst and the officer must comply with all guidelines during the chemical analysis 
    4. You must submit to that analysis, have a .08 or higher in a passenger vehicle, .04 in a commercial vehicle, or any BAC whatsoever if you’re under 21

Okay, I met those criteria. Now what? 

If you’ve met those criteria, then the officer will submit a revocation report to the magistrate. Then, the magistrate will check once again to make sure the criteria were met. From there, they will either order for your revocation, or they won’t. In the event that you have your license revoked, a ‘civil license revocation’ will be issued. 

Are there any exceptions to the rule? 

There are! However those exceptions only come into play if you already have a license revocation. Lastly, if you fall into that category, your license suspension must be long enough that you will not receive it back during what would have been your revocation period. 

How long are they going to take my license? 

There’s a minimum time period of 30 days, and sometimes longer. Once you hit that 30 day period, and pay a $100 fee, you will then receive your license back. That is, as long as you don’t have any pending charges that resulted in a license revocation previously. In that case, you will only relieve your license back after all court proceedings are finished. 

Can I contest the courts’ decision? 

If you feel that, for some reason, the revocation was invalid— you can request a hearing within a certain period of time. Unless you request a district court judge, a magistrate will hear your case. The last thing to remember is that there is a ten day window within which you can request a hearing after your license revocation. 

Are there any reasons why you might be able to request a hearing outside of that ten day period? 

If you did not take a breathalyzer, and instead submitted to a blood test, your results will not be back within that period. For this reason, and this reason alone, you will be able to receive a hearing when those results come in. 

How do limited driving privileges (LDP’s) work? Can I request them? 

Yes! After your license revocation, you have the opportunity to petition the district court judge for LDP’s under a certain set of circumstances. Those are as follows: 

    1. If your license was either valid at the time of arrest, or expired within a year
    2. There are no pending charges against you besides the current one 
    3. Your license has been revoked for at least ten days before you request LDP’s 
    4. You have done the necessary substance abuse assessment and agreed to the required treatment plan

What if, due to prior charges, I have my license revoked indefinitely? Can I still request limited driving privileges? 

Under certain circumstances, you can absolutely do so. However, instead of the ten day waiting period, you have a thirty day waiting period. Furthermore, you must be able to prove that you need these privileges to ‘overcome undue hardship, as well as meeting some criteria that are similar, but not exactly the same as they are for a first-time offender. 

    1. A valid license, or expired within the last year 
    2. no impaired driving offenses within the last seven years 
    3. no unresolved charges for impaired driving at the time of request 
    4. You have filed your substance abuse assessment with the court