A DUI arrest results in immediate driver license suspension, which can make life very difficult. The arresting officer takes the license on the spot and issues a temporary license. Drivers charged with DUI should understand how a temporary license works because if they act quickly, they may be able to get regular driving privileges reinstated.
The expiration date on a temporary driver license is the suspension date. To prevent the license from being automatically suspended, the individual must request a state department of motor vehicles (DMV) hearing. The DMV has the right to suspend the license even if the DUI case is later dismissed or the charges are reduced to exclude license suspension. Therefore, requesting a hearing and retaining a DUI lawyer should be the first steps after a DUI arrest.
- What To Know About A DUI Driver’s License Suspension
- What Are The Minimum Suspended License Penalties For DUI Or Test Refusal Charges?
- What Happens For A DUI With An Out Of State License?
- How To Get A Driver’s License Back After A DUI
A DUI attorney will prepare an argument against suspending the driver license and present this at the hearing. If successful, the license will be reinstated but if unsuccessful, the license will be suspended for a specified period. Duration of license suspension depends upon whether the defendant refused a blood or chemical test or if tested, had blood-alcohol content of 0.08 percent or higher. A prior DUI license suspension or conviction will extend the license suspension period.
Refusing to submit to a breath, blood, or urine test may seem like the best way to avoid driver license suspension. After all, refusal makes it more difficult for the arresting officer to prove intoxication. However, most states have implied consent laws that require individuals suspected of DUI to submit to this testing. Refusing to provide a sample of blood, breath, or urine results in automatic driver license suspension for 90 days to one year, depending on the state, even if the individual is not subsequently convicted of DUI.
With help from an local DUI lawyer who will know how to get a license reinstatement , an individual arrested for DUI based on breath or chemical testing can avoid a driver’s suspension. Retaining an attorney is recommended when preparing for a DMV hearing and trial because state DUI laws are complex and court arguments must be presented in a specific way. A DUI attorney has the experience and skills that contribute to a positive outcome.
Driver license suspension is a serious consequence of DUI, affecting the ability to work or pursue higher education. The suspension remains on the driving record, potentially affecting the ability to obtain credit, loans, or future employment. To avoid the inconvenience and embarrassment of having the driver license suspended, contact a DUI lawyer to take action.
The Basics of What You Need to Know About a DUI Driver’s License Suspension
Many of the penalties associated with being charged with Driving Under the Influence, or DUI, are subject to being found guilty in a court of law of that crime. While the offender will need to be convicted of DUI or DWI charges in order to face jail time or fines, the laws surrounding driver’s license suspension are not as gracious. Offenders can be slapped with a DUI license suspension after a conviction or guilty plea, but also for refusing chemical testing to determine their Blood Alcohol Concentration and other charges. Here is the basic information you should know about a driver’s license suspension after a DUI conviction, and ways how to avoid a suspended license from happening in the first place.
When and for how long a driver’s license will be suspended for Driving Under the Influence will depend on the drinking and driving laws of a person’s state and the details of what happened during the arrest. While most states will suspend an offender’s driver’s license when they are simply arrested for suspicion of DUI or DWI, other states will hold off on the suspension until the offender has reached their second or third DUI conviction. In certain states, in addition to the post-arrest driver’s license suspension it is possible for the offender to be penalized with a second license suspension after they have gone to trial and been convicted of DUI. Because a suspension happens so quickly, getting the proper help with us is essential for the best chances for how to avoid losing a driver’s license.
What are the Minimum Driver’s License Suspension Penalties for DUI and Test Refusal Charges
There are minimum sentences for DUI, DWI, and breath or blood test refusal charges in every state. For the best chances how to avoid the license suspension consequences for these offenses, it will always depend on the arrest charge specifics, and a driver’s past criminal record if it is for a second offense for driving under the influence of alcohol or drugs. For a person that does not have a prior criminal record and a first offense case, the minimum sentence is a $1,200 and a 1 year license suspension length of time on average. Typically how the cost and suspended license penalties work, the fine will start at the $1,200 price range and the fines and suspension time will both increase depending on the exact circumstances of a driver’s own arrest situation.
- For a first offense charge of driving under the influence: a minimum fine of $1,200, plus the Ignition Interlock device fees, and a minimum one-year driver’s license suspension.
- For a second-time offense of DUI or DWI: a minimum $1,600 fine, jail sentence of 10 – 90 days, and a minimum 2 to 3 year time with a suspended license.
- For a third offender or more: a minimum jail sentence of 3 months, a driver’s license suspension time of 3 years at least, and having to drive wit an Ignition Interlock installed for several years after the conviction or guilty plea.
What Happens if I Get a DUI With an Out-of-State Driver’s License?
Should the offender be arrested for DUI or DWI charges outside of their home state, their driver’s license suspension will likely follow them back home. Most states have agreed to the Interstate Driver’s License Compact which means they honor another state’s Driving Under the Influence license suspension laws even if the offender’s DUI conviction did not occur in that state. The good news is that it is possible for the driver’s home state to offer them more appeal rights than the state who is wishing to suspend their license and offenders should seek the help of a DUI attorney from their home state for assistance.
Getting a Driver’s License Back After a DUI
Should a convicted drunk or drugged driving offender have their driver’s license suspended post-arrest or post-conviction of a DUI or DWI – it may be possible for them to get a driver’s license back under certain circumstances. Drivers can ask the court for a civil proceeding in order to have a hardship or occupational driver’s license issued – in these proceedings the individual is asking the court to allow them to drive while their case is pending, under limited circumstances. For example, an occupational license may allow the offender to drive just to and from work and a hardship license may outline the offender can go to and from school or to pick up children.
Again, the best thing for how to avoid a license from getting suspended after a DUI or DWI offense, is to do everything possible to prevent it from happening in the first place. Since a license suspension will happen quickly following being charged for driving under the influence, having us examine the arrest details online for the best defense options can help make all the difference in how to save and keep a license.