Q: Is it legal to suspend my license before a DUI conviction in Kentucky?
I received a DUI and was notified that my driver's license is suspended for 18 months. I haven't been found guilty yet, and my next court date is in December. Is it legal for them to suspend my license before a court conviction, and what steps can I take?
A: Yes. Pre-trial suspension is expressly authorized by statute.
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A:
In Kentucky, it's legal for your driver's license to be suspended before a DUI conviction. This occurs through an administrative process separate from the criminal court proceedings. If you refused chemical testing or had a blood alcohol content (BAC) of 0.08% or higher, the Kentucky Transportation Cabinet can suspend your license independently of the court's decision.
You have the right to challenge this administrative suspension by requesting a hearing. It's crucial to act promptly, as there are strict deadlines for filing such appeals. If you miss these deadlines, the suspension will remain in effect regardless of the outcome of your criminal case.
To address this situation, consider the following steps:
1. **Request an Administrative Hearing**: Contact the Kentucky Transportation Cabinet immediately to request a hearing challenging your license suspension.
2. **Consult Legal Counsel**: Even though you're not yet convicted, seeking legal advice can help you navigate both the administrative and criminal aspects of your case.
3. **Prepare for the Hearing**: Gather any evidence or documentation that may support your case, such as medical records or witness statements.
Remember, addressing the administrative suspension promptly can help mitigate its impact on your daily life.
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