How is the RMV hearing different from my conviction in criminal court?
Subject to review by the Board of Appeal, the RMV has the ultimate jurisdiction over your driving privilege, and thus has the ultimate say over driver’s license suspensions and revocations.
The RMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action in addition to jail, fines, or other criminal penalties.
I’ve just been arrested for DUI or drunk driving. What happens now?
The officer who arrested you is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, along with a sworn report, to the Registry of Motor Vehicles (RMV). The RMV automatically conducts an administrative review, which includes an examination of the officer’s report, the suspension or revocation order, and any test results.
Related: Out of State DUI Q&A
When I was arrested, the officer confiscated my driver’s license. How do I get it back?
If you failed a breath test, you will have a 30 day administrative per se license suspension and you can reinstate at the expiration of the 30 day suspension period upon payment of the $500.00 reinstatement fee.
If you refused to submit to a breath test, your license will be automatically suspended for 180 days up to life. You have a right to appeal the refusal suspension within 15 days of the suspension. In all cases, you must see a Registry Hearing Officer and go through the hearing process.
The officer said I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol or drug content of your blood. If you refused to take a blood or breath test after being arrested for DUI and being requested to submit to the test, you will have your driver’s license automatically suspended or revoked for the refusal.
Related: How to Win Your RMV Refusal Hearing