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 straightforward—certain charges incur a certain number of points. Those who accumulate too many points risk 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 license suspension is mandatory. These points stay on a driving record for two years.
Then, points are required to be deleted via the DMV guidelines. These same DMV guidelines also state 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 require 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 you are found liable for a moving violation at a hearing, 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, these points will also be applied 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 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 that 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 license revocation hearings.
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. Second-time offenders have their licenses revoked for one year, while a third-time offense, if it occurs within 15 years of the other cases, will result in a license being revoked for three years.
If convicted, the license reinstatement process will look slightly different. A license suspension, naturally, means you must wait until the conclusion of that period.
When you go to the DMV following the conclusion of your suspension, you will also be charged a $98 reinstatement fee. You will also need to complete a Traffic Alcohol Program.
If your license was revoked rather than suspended, the 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 ensure you are safe for the road again, including a driving knowledge test, attaining a driver’s permit, taking and passing a road test, and finally getting your license. You must also cover any fees associated with this process.
Contact Bruckheim & Patel
If you have further questions about 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.
