Can an Officer Take My License and Issue a Notice of Suspension?

Can an Officer Take My License and Issue a Notice of Suspension?

Getting pulled over is never a fun experience. But it’s especially scary when the officer takes your license and issues you a notice of suspension on the spot. This means your driving privileges are being suspended—often for several months. And it’s happening immediately, before you even have a chance to contest it in court.

Does the officer have the legal right to suspend your license right then and there during a traffic stop? Can the officer really take your license away? The answer is…it depends. There are certain situations where an on-the-spot license suspension is allowed in California. But there are also important limits.

In this article, we’ll break down when an officer can—and cannot—immediately seize your license and issue a notice of suspension after pulling you over. We’ll cover:

• Types of license suspensions officers can impose
• What prompts an instant license suspension
• Suspension hearings to contest the action
• Getting a temporary license
• Fighting a wrongful suspension

Knowing your rights can help you navigate this stressful situation if it ever happens during a traffic stop. You may have options to fight back against the suspension.

Types of License Suspensions Officers Can Impose

There are a handful of different types of license suspensions an officer can impose during a traffic stop if certain conditions are met. These include:

• DUI suspension – For refusing or failing a chemical BAC test
• Admin per se suspension – For driving with a BAC of 0.08% or higher
• Reckless driving suspension – For very unsafe driving behavior
• Other offense suspensions – For violations like hit-and-run or vehicular manslaughter

The most common reasons for instant license suspensions are DUI-related. But reckless driving and other offenses can prompt it as well.

What Prompts an Instant License Suspension?

For an officer to immediately seize your license and issue a notice of suspension during a traffic stop, very specific conditions must be met. This on-the-spot suspension power is limited.

Here are key things that must happen for an instant suspension:

• You are arrested or detained for DUI, reckless driving, etc.
• The officer confiscates your license and serves you a temporary license
• You are provided a notice of suspension and given a chance to request a hearing

The officer can’t just take your license and suspend you without cause. There must be evidence of an applicable offense, like a failed sobriety test or breathalyzer reading over 0.08% BAC for DUI. The officer must follow very specific procedures.

DUI Suspensions

For DUI stops, the arresting officer will confiscate your license if:

• You took and failed a chemical BAC test
• You refused to take a BAC test

In both cases, the officer will serve you with a notice of suspension and temporary license on the spot. Your full license is taken away.

Reckless Driving Suspensions

Reckless driving suspensions also begin immediately if the officer witnessed very unsafe driving such as:

• Driving over 100 mph
• Street racing
• Spinning donuts
• Driving on the wrong side of the road

The officer must personally observe you driving in an extremely reckless way that endangers others. Just being pulled over for speeding does not allow the officer to take your license.

Suspensions for Other Offenses

License suspensions can also start right away for offenses like:

• Felony or misdemeanor hit-and-run
• Vehicular manslaughter
• Reckless driving resulting in injury

In each case, the officer must have evidence you committed the offense. They cannot suspend your license on the spot without cause.

Suspension Hearings to Contest the Action

If your license is confiscated and you are issued a notice of suspension, you have the right to challenge the suspension at an administrative hearing. This hearing must be requested within 10 days of receiving the notice.

The issues covered at the hearing will depend on the reason for the suspension. But common goals include:

• Contesting the grounds for the suspension
• Arguing against the length of the suspension
• Challenging procedural errors by the officer

If the hearing is successful, the suspension may be overturned entirely or shortened. So it’s important to request a hearing and fight back.

DUI Suspension Hearings

For DUI suspensions, the hearing focuses on whether the officer had probable cause to arrest you for DUI and if your BAC test was done properly according to protocol. You may argue there was no probable cause or the BAC results were flawed.

Reckless Driving Hearings

Reckless driving hearings look at whether you were in fact driving in an extremely unsafe way based on the officer’s report. You may claim you did not drive recklessly or the officer is exaggerating.

Having an experienced DUI or traffic ticket lawyer represent you at these hearings is extremely helpful for challenging the suspension and restoring your driving privileges.

Getting a Temporary License

If your license is taken away during a traffic stop, the officer must issue you a temporary paper license at the same time. This allows you to legally drive for the next 30 days while your suspension is pending.

The temporary license looks like a regular license but is labeled “temporary.” Make sure you get this from the officer when they confiscate your permanent license. It will let you keep driving temporarily.

Fighting a Wrongful Suspension

While officers have the power to impose instant suspensions if certain conditions are met, sometimes they get it wrong. If you feel the officer wrongfully took your license, there are ways to fight back:

• Request a DMV hearing to contest the validity of the suspension on the merits.
• Obtain a lawyer’s assistance to improve your chances of winning at the hearing.
• File a lawsuit against the DMV if the hearing is unsuccessful and the facts are on your side.
• File a complaint against the officer if they did not follow proper procedures.

With an experienced traffic ticket lawyer on your side, you can stand up to wrongful license suspensions and get your full driving privileges back. Don’t let an improper suspension go unchallenged.

Protect Your Driving Privileges

Having your license suddenly confiscated and suspended during a traffic stop can be shocking. But in some cases, the officer does have the legal power to impose immediate license suspensions on the spot. Learn your rights and be prepared if this ever happens to you. And don’t hesitate to fight back against any wrongful suspension actions. With the help of a lawyer, you may be able to get the suspension reversed or shortened. Don’t give up without exploring your options first.