While some motorists regard driving as a basic right, the fact is that operating a motor vehicle is a privilege that must be earned and maintained by demonstrating safe and lawful driving. Under certain circumstances, an individual's Delaware driver's license may be suspended or revoked for a specific length of time, depending on the person's driving record or history, and the particular violation(s).

REASONS FOR DRIVER'S LICENSE SUSPENSIONS

There are a variety of reasons why your Delaware driver's license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. Following are some of the most common reasons for a Delaware driver's license to be suspended or revoked.

• Excessive Moving Violations. The state of Delaware operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 14 or more points on your current driver record, your license will be suspended.
• Driving Under the Influence. Your Delaware driver's license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense.
• Driving with a Suspended License or no License. Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to five years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver's license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance. All motor vehicles driven in Delaware must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations. Your Delaware driver's license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification. The Division of Motor Vehicles Chief Administrator can order a re-examination of any person who may not be fit to drive. An individual's driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension. A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a Division of Motor Vehicle's notice or not appearing in court, failing to pay traffic tickets, fines or surcharges and not paying child support. Other reasons include passing a stopped school bus, altering a driver's license or holding a fake license, giving a fake name and address while applying for a license or making an untrue statement, loaning a driver's license to another person, failing to surrender a revoked or suspended license, using a fake, suspended, revoked or borrowed license, giving a driver's license to another person, making and using fake auto insurance papers.
• Medical or mental conditions. If you have such a condition, your license can be suspended.
• Other reasons include - Driving a motor vehicle without the owner's permission, overdue debts to the DMV, racing, spinning wheels, and causing destruction to grass, turf etc.
• Child support - If you are late in your child support payments or owe $1000 in arrears either on an order from the Family Court or the Division of Child Support Enforcement, you can have your license suspended. The suspension will be in place until a request is made from the agency to the DMV.
• Expulsion from School. Any student who has been expelled from school will have their licenses suspended till the expulsion period is complete, or until they reach 19 years of age or after 2 years after the date of expulsion.

If you believe your license has been suspended due to one of the reasons listed above it is advisable to speak with a Traffic Ticket Attorney or DUI Attorney.

WHAT TO DO IF YOUR DELAWARE DRIVER'S LICENSE IS SUSPENDED

Having your Delaware driver's license suspended is a serious matter, and it is essential to adhere to State law in the event that your license is suspended. The three most important things to be aware of following a license suspension are:

1. If your license has not already been taken away from you in court, you must surrender it to the Delaware Division of Motor Vehicles. You can surrender your license in person at a local DMV office.
2. While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to five years, and/or the length of your suspension may be increased.
3. After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the Delaware DMV.
4. You may apply for a provisional license. Call your local DMV office for more details on this.

APPEALING A SUSPENSION

If you receive a Notice of Scheduled Suspension from the DMV, and you wish to challenge the suspension, you may request a hearing in court. An administrative law judge or the DMV Chief Administrator will hear your case, and determine whether your driver's license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes three points from the current driving record, and in some cases can enable an individual to avoid having his license suspended.

RESTORING YOUR LICENSE

You will receive a Notice of Restoration from the DMV after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. Generally, you will need to:

1. Pay a restoration fee of $25. The fee can be paid in person at a DMV Office.
2. Apply for a standard license renewal to obtain a new license.

Note that after your license is restored, you will be subject to a Mandatory Probation Period of one year, during which any new violations may result in an additional suspension of your Delaware driver's license.

ADDITIONAL INFORMATION

• Check the DE Point System.
• See also Auto Insurance.
• See also DUI and DUI Attorneys.
• See also Traffic Tickets and Traffic Ticket Attorneys.