Q: I received a PBJ for a DWI back in 2019. The PBJ has been stricken as of April 2021 and I received points on my license.
I received 8 points on my license, is that enough to suspend my license and the violation was from 2 years ago so shouldn’t some of the points go away by now?
A: Points are assessed from the date of the original violation, so if it has been 2 years since you were stopped for the DUI, the points will no longer be current points (they will show with an asterisk on your driving record, but would not be included in any current point total). However, the MVA can suspend you on two grounds, (1) for point accumulation within ANY 2 year period and (2) for the conviction of the DWI itself. Just because the points have expired, does not mean that the MVA cannot hold a hearing and suspend you for those points, so long as those points were not used as a basis for any prior suspension. You will likely receive a letter of suspension listing both grounds, and stating the date the suspension commences and the period of time of the suspension. The only way to prevent the suspension is to request the hearing and pay the ALJ hearing fees as set forth in the letter, before the expiration of the deadline stated in the letter. At the hearing, you can present argument in mitigation and try to get the suspension modified. In some cases, such as for DUI/DWI suspensions, the letter of suspension will have another option: agree to an ignition interlock for a period of time, and if you elect that option, then you do not get suspended and you do not need a hearing, but you have to set up the interlock and pay for it.
Scott Scherr agrees with this answer
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