How to Appeal a License Suspension

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

This article has been viewed 165,859 times.

If your driver's license has been suspended, or is about to be suspended, you may be able to appeal the suspension and have your license reinstated. Each state has its own appeal policies, but the general process is similar in each state. To appeal a license suspension, you will need to file the correct paperwork with the appropriate agency and attend a hearing.

Deciding to File an Appeal

• Accumulating too many points on your driving record
• Getting multiple traffic violations or speeding tickets
• Getting a DUI/DWI
• Failing to appear in court or pay fees
• Failing to pay child support

• Check your DMV's website for information about appealing a suspension.
• Look for information about appeals in the letter you received informing you of the suspension.
• Call your local DMV and ask about the appeals process.
• Contact an attorney. Many attorneys provide free consultations.

• For certain suspensions and revocations, you may be able to request a "hardship" or "probationary" license that allows you to drive in limited situations, such as driving for work, attending drug and alcohol programs, or for medical treatment. Contact your local DMV office to find out whether your state offers hardship licenses.

Filing an Appeal

• If you are not satisfied with the outcome of your administrative hearing, you can appeal in court. However, because appeals require an argument that administrative decision misinterpreted the law, you should consider hiring an attorney to handle a complicated case.

• For example, in Alabama, there is no form for requesting a hearing. You must make your request by mail or email and include your name, date of birth, and driver's license number.
• For comparison, Arizona requires that you request a hearing by filling out this Hearing Request form and mail it to the included address.

• To prepare for your hearing, gather any documents that support your claim that your license should not be suspended. Also contact any witnesses who can testify on your behalf and arrange for them to attend the hearing with you.
• Be prepared to clearly argue why your license should not have been suspended. Did the DMV or court misunderstand the facts of your situation? Did they misinterpret the law? Make sure you understand what facts and law they relied upon before you address why those facts or law were inaccurately applied.

Observe another hearing first. You may be able to attend another person's public hearing as an observer. Upon entering the hearing room, inform the administrative law judge that you are there to observe the proceedings. Watch quietly and take note of what the participants did well and what could have been done better.

Expert Q&A

Tips

This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.

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1. ↑https://news.google.com/newspapers?nid=799&dat=19840412&id=eJdjAAAAIBAJ&sjid=9FEDAAAAIBAJ&pg=4545,1007332&hl=en
2. ↑https://www.geico.com/information/sr22-details/
3. ↑http://www.dmv.org/az-arizona/suspended-license.php#AZ-Suspension-Hearings-and-Appeals

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 165,859 times.

Appealing the suspension of your driver’s license is only possible in some cases, so it’s important to visit the Department of Motor Vehicles’ website in your state to confirm the local regulations. For example, many states don’t allow an appeal if your license was suspended for DUI. You also usually need to file an appeal within 10 days of the suspension, so you’ll need to act quickly after receiving the letter. Depending on your state’s regulations, you’ll either fill out a form or write a letter to request an appeal. If you want an administrative hearing, which is where a judge hears evidence about your case, request it from the department where you filed your appeal. For tips from our Legal co-author on how to prepare for your administrative hearing, read on!

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