Having a conviction on your record can impact aspects of life as a citizen in ways perhaps not initially realized. One of those is the privilege connected to operating a driver’s license in Washington, D.C. Like various states in the union, D.C. works on a point-based system when it comes to determining the effects certain convictions have on someone’s ability to exercise their privilege to drive. Depending on the situation, the impact on one’s license will vary.
How the Point System Works
The structure of the D.C. point system is actually quite straight forward – certain charges are going to incur a certain number of points. Those who accumulate too many points are then at risk of having their driving privileges removed. Your right to drive is at risk of being suspended once you have acquired around 8-9 points, while if you reach 10 points, a suspension of the license is mandatory. These points stay on a driving record for two years.
Then, points are required to be deleted via the DMV guidelines. In these same DMV guidelines, it also states that the department is required to provide safe driving points. These points are collected by going a calendar year without drawing a single negative point. One year without a negative point is equal to one safe driving point, with a maximum of 5 safe driving points on a record at any given time.
Unlike punitive points which are removed after two years, safe driving points are taken off one’s record after five years. While ten punitive points accrued requires a license suspension, over 12 points could end in the revoking of a license.
The point-system includes everything from “following another vehicle too closely” (2 points), all the way to “leaving the scene of a collision in which personal injury occurs” (more commonly referred to as a hit and run), which is equal to 12 points.
If at a hearing you are found liable for some moving violation, the point system determines the number of points assigned to your record. Important note: in D.C., paying a ticket is considered an admission of liability, and therefore will also result in the application of these points to one’s driving record once the ticket is paid but not when the ticket is assessed.
Removal of points can be a relatively painless process depending on the reasoning for the sustained infraction. For example, a simple moving violation and the subsequent points can be removed with the simple completion of an online defensive driving course – the points will be removed entirely from the record. Do note that if you are going to go this route, prior approval from the D.C. DMV’s Hearing Examiner is required.
How Certain cases Impact a License and Reinstatement Process
Perhaps unsurprisingly, DUI, DWI, and OWI’s are more serious cases that have substantial impacts on one’s driving privileges. In D.C., being found liable for any one of these crimes results in the automatic suspension of one’s license. Equally important to note is that entering into a DSA, Deferred Sentencing Agreement could potentially result in limitation, suspension, or even revocation of one’s license.
A DPA, or Deferred Prosecution Agreement, however, cannot be used to limit, suspend, or revoke one’s license. In D.C., unlike in some states, if you are found liable for any one of the three drinking and driving violations, you are not allowed to request a limited occupational license, which further restricts one’s ability to use a vehicle.
These three instances are not the only types of cases which impact one’s driving privileges.
In fact, many cases can impact a license in one way or another as a form of collateral. Failing to make child support payments, for example, can result in the suspension or even revocation of a license.
It should be noted that the number of convictions for these types of cases can impact the length of suspension or the possible revocation of a driver’s license. In D.C., the first offense generally results in the suspension of a license for 6 months in addition to the 12 points on the offender’s license. This is in conjunction with a retest to obtain the license once more.
It only gets worse from there, with 2nd-time offenders having their license revoked for one year, while a third-time offense will result in a license being revoked for 3 years if it occurs within 15 years of the other cases.
If convicted, the reinstatement process is going to look slightly different. A suspension of your license, naturally, means you must wait until the conclusion of that time period.
There will also be a $98 reinstatement fee when you go to the DMV following the conclusion of your suspension. You will also need to complete a Traffic Alcohol Program.
In the case where your license was revoked as opposed to suspended, your process will be more involved. You will be required to attend a hearing and complete a certified substance abuse program. Various tests will then be conducted to make sure you are safe for the road again, including a driving knowledge test, attaining a driver’s permit, taking and passing a road test, until finally getting your license. You must also cover any and all fees that are associated with this process.
For further questions relating to how criminal convictions may impact your driving privileges, contact Bruckheim & Patel to have one of our criminal defense lawyers in Maryland or D.C. look at your case.