If you submit to a chemical test of your blood, breath or urine, and if the test result is over .08 (for a 1st,
2nd, or 3rd offense) or .02 (for a 4th or 5th) or if there is any detectable amount
of a restricted controlled substance in your system, the officer should provide you with a document entitled Notice of
Intent to Suspend Operating Privileges. This is the administrative process that is started by the Department
of Motor Vehicles. In this situation, clients have the right to ask the Department of Motor Vehicles to conduct an Administrative
The Notice of Intent to Suspend outlines the procedures for demanding the Administrative
Suspension Hearing. Thus, this document is very important. In short, the Notice tells you that you
have 10 or 13 days from the Notice date to demand an administrative suspension hearing. You have 10 days if the
officer provided you with the notice in person or 13 days if the officer mailed the notice to you. For purposes of the administrative
suspension hearing, only business days count.
The hearing is demanded by filing the Administrative Review
Request form. The officer should have provided this form to you. If you fail to timely demand
the administrative suspension hearing, your license will be administratively suspended for 6 months. That
suspension would start 30 days from the date on the Notice of Intent to Suspend Operating Privileges.
suspension hearing is an important part in fighting a drunk driving charge. It is a key opportunity to gather
information related to the offense. You are allowed to obtain the police reports prior to the hearing, subpoena
officers to the hearing, question the officers and tape record the hearing. In my experience, I have won
cases based in part on the information that was obtained at the administrative suspension hearing. Therefore,
exercising your right to this hearing is critical.