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  • Seizing a License

    So a family member was pulled over and arrested for DWI. He claims that they let him keep his license until court with no restrictions, other than having to stay in VA. I highly doubt this. I checked and he is in possession of his license but I believe they let him keep it as an ID so he could get his car out of impoundment, but the license will still come up suspended in a computer search. Can anyone comment if it is mandatory to take a licenses after the arrest of a DWI. The court date is next week. If any VA guys could chime in it would be great. Thanks.

  • #2
    Your license can be seized after an OWI and you would be given a "paper license". Now as far as an ID you can go the SOS and get a state ID card.
    I don't know Virginia law but in Michigan you have no restrictions until you are convicted, but still given the paper license.
    "Fast is fine, but accuracy is everything!"-Wyatt Earp

    "You never know when crazy will show up!"-Irishdep

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    • #3
      In maryland, when you are arrested for DUI, your license is confiscated (whether you refused the breath test or not). You are then issued a temporary paper license called a DR-15A. If you need ID for other purposes, you can go to the DMV and obtain a Maryland ID card. Either your relative lied to the officer and told him he didnt have his license on him or the officer forgot to confiscate it. Then again, I'm not exactly sure how VA processes DUI's, so maybe they do things different. But I doubt it. In Maryland you can be cited/arrested for possession of a suspended license, so if I were your relative I would turn my license into the DMV or at least double check with the department on it's policy regarding his arrest.
      John 3:16

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      • #4
        in Louisiana and Georgia (i'v policed in both), your license is only affected if you blow over a 0.8 g% BAC or refuse. if you submit and blow under 0.8 g% BAC, then you still go to jail based on probable cause and my observations, but keep your license...a driver's license is not a Right but a Privledge that can be taken away or suspended...the chemical test does not solely determine whether you are jailed or not...

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        • #5
          Originally posted by hilhil45
          So a family member was pulled over and arrested for DWI. He claims that they let him keep his license until court with no restrictions, other than having to stay in VA. I highly doubt this. I checked and he is in possession of his license but I believe they let him keep it as an ID so he could get his car out of impoundment, but the license will still come up suspended in a computer search. Can anyone comment if it is mandatory to take a licenses after the arrest of a DWI. The court date is next week. If any VA guys could chime in it would be great. Thanks.
          A "driver's license" that is suspended or if the driver is arrested for DUI is the property of the state of Florida. FL also issues an ID card so the affected driver has an alternative if they need some sort of identification.
          F.S.322.059 says:"...any law enforcement agent may seize the license or registration while the driver's license or registration is suspended". A copy of the DUI citation serves as a temporary driving permit for a period of 7-days unless you appeal.

          A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

          It's only a conspiracy when your party is not in power.

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          • #6
            In NJ you keep your license until conviction. At THAT time you turn it over to the court.

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            • #7
              I guess to clarify, Im really asking: in your expert opinion(s) is it likely he still has driving privileges? I've never heard of someone being arrested for DWI and being allowed to drive until the matter is settled in court. He blew over .08% so he was legally intoxicated, but he claims that he still has privileges. I guess it just doesn't seem logical to allow a person to still have privileges after that.

              Comment


              • #8
                Virgina DUI

                OK, we've heard from the other states, now here is what you asked for:

                Code of Virginia.
                § 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle.

                A. If a breath test is taken pursuant to § 18.2-268.2 or any similar ordinance and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath test in violation of § 18.2-268.3 or any similar ordinance, and upon issuance of a petition or summons, or upon issuance of a warrant by the magistrate, for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or upon the issuance of a warrant or summons by the magistrate or by the arresting officer at a medical facility for a violation of § 18.2-268.3, or any similar ordinance, the person's license shall be suspended immediately or in the case of (i) an unlicensed person, (ii) a person whose license is otherwise suspended or revoked, or (iii) a person whose driver's license is from a jurisdiction other than the Commonwealth, such person's privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately. The period of suspension of the person's license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. If the person is charged with a second offense the suspension shall be for 60 days. If not already expired, the period of suspension shall expire on the day and time of trial of the offense charged on the petition, summons or warrant, except that it shall not so expire during the first seven days of the suspension. If the person is charged with a third or subsequent offense, the suspension shall be until the day and time of trial of the offense charged on the petition, summons or warrant.

                A law-enforcement officer, acting on behalf of the Commonwealth, shall serve a notice of suspension personally on the arrested person. When notice is served, the arresting officer shall promptly take possession of any driver's license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate. Any driver's license taken into possession under this section shall be forwarded promptly by the magistrate to the clerk of the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made together with any petition, summons or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension shall be forwarded forthwith to both (a) the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made and (b) the Commissioner. Transmission of this information may be made by electronic means.

                The clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or § 46.2-391.4, the person may elect to have the license returned in person at the clerk's office or by mail to the address on the person's license or to such other address as he may request.

                B. Promptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer's grounds for belief that the person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance or refused to submit to a breath test in violation of § 18.2-268.3 or a similar ordinance. The report required by this subsection shall be submitted on forms supplied by the Supreme Court.

                C. Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made to review that suspension. The court shall review the suspension within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension, or that portion of it that exceeds seven days if there was not probable cause to charge a second offense or 60 days if there was not probable cause to charge a third or subsequent offense, and the clerk of the court shall forthwith, or at the expiration of the reduced suspension time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded or reduced. Otherwise, the court shall affirm the suspension. If the person requesting the review fails to appear without just cause, his right to review shall be waived.

                The court's findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.

                D. If a person whose license or privilege to operate a motor vehicle is suspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance during the suspension imposed by subsection A, and if the court decides to issue the person a restricted permit under subsection E of § 18.2-271.1, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.

                (1994, cc. 359, 363; 1996, cc. 865, 1007; 1997, c. 691; 2001, c. 779; 2003, c. 605; 2004, cc. 937, 960; 2005, cc. 757, 840.)


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                • #9
                  Seizing a license

                  Alabama: If a subject arrested for DUI refuses a breath/blood/chemical test under provisions of the Implied Consent Law, his DL will be taken and forwarded To the Driver's License Division of the Department of Public Safety. In any Peace Officer in Alabama runs a DL, and recieves a reply of "DPS requests pick-up", he will then take the license and forward it to DPS, per his agency policy. The DPS requests pick-up reply is usually in regard to a DL that is suspended, revoked, cancelled, or denied.

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                  • #10
                    In Nevada it is implied consent. You blow, or we strap you to a chair and take your blood.

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                    • #11
                      Originally posted by mlhelleckson
                      In Nevada it is implied consent. You blow, or we strap you to a chair and take your blood.

                      They're talking about whether or not the Driver is automatically suspended on arrest and if the Dl is siezed, not whether the test is given or refused.

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