Is There Any Way to Avoid a License Suspension After a DUI Charge?

License Suspension
With help from an experienced DUI lawyer, someone arrested for DUI based on breath or chemical testing can avoid driver license suspension.

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 revoke 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 an arrest took place.

A DUI defense 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 status will be terminated for a specified period of time. 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 period without having a valid license status.

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 defense 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 revocation. 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. An expert attorney in this field has the experience and skills that contribute to a positive outcome.

Driver license suspension is a serious consequence of DUI or DWI violations, 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 taken away, contact a DUI lawyer with a case winning history 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, 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 mandatory license suspension after a conviction or guilty plea, but also for refusing chemical testing to determine their Blood Alcohol Concentration (BAC)and other charges.

When and for how long of period it will be suspended for this misdemeanor, 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 revoke an offender’s license when they are simply arrested for suspicion of DUI or DWI, other states will hold off on the punishment until the offender has reached their second or third court conviction.

In certain states, in addition to the post-arrest driver’s license revocation it is possible for the offender to be penalized with a second license after they have gone to trial and been found guilty. Because a taking away a person’s legal right to drive happens so quickly, getting the proper assistance with us is essential for the best chances for how to avoid losing an operator’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 stop the license revocation consequences for these offenses, it will always depend on the arrest charge specifics. This will include 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 of suspended license penalties work, the fine will start at the $1,200 price range and the fines and  time it will be taken away for will both increase depending on the exact circumstances of a driver’s own arrest situation.

  1. 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 revocation.
  2. For a second-time offense: a minimum $1,600 fine, jail sentence of 10 – 90 days, and a minimum 2 to 3 year time with voided license.
  3. For a third offender or more: a minimum jail sentence of 3 months, a revocation time of 3 years at least, and having to drive with 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 these charges outside of their home state, their 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 offender have their license revoked post-arrest or post-conviction of a DUI or DWI – it may be possible for them to get their legal right to drive restored 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.

The legal process of a license getting taken away will happen quickly following being charged for driving under the influence of drugs or alcohol. Having us examine the arrest online for the best defense options at the DMV administrative hearing and the criminal court case, can help make all the difference in how to save and keep a license from revocation.

Taryn J. White

About Taryn J. White

Taryn J. White is a research specialist and DUI law news reporter on what to do when you get a DUI, the best methods used for fighting a case, and how to get DUI help. Her current mission and accomplishments include helping those facing any driving under the influence, DUI, and DWI arrest charges, get free online assistance in learning how to fight a DUI case for the best possible results and outcome. In today's era of online information and social media defining a person's identity, one of her primary goals is to help inform people about the truth of the burden a lifetime of social stigma damage and career devastation a DUI arrest charge will carry, especially if not properly handled by the best professional legal counsel from the beginning of a DUI case. Since the seriousness of a person's reputation and livelihood is at stake, it is for this essential reason that people be informed of their options based on their unique arrest and circumstances, and why Taryn has helped provide the free online assistance people need by easily having their questions and concerns answered directly through this website with a skilled DUI attorney from their area.

2 thoughts on “Is There Any Way to Avoid a License Suspension After a DUI Charge?

  1. I never fully understood the procedure for those that get a DUI in a different state than their issued license. For the last couple of months I’ve been in the process of getting my new driver’s licence since I’ve recently moved. It’s good to know what I should anticipate should something before and after I get the new driver’s licence. I will definitely keep an eye open for a good DUI attorney in both states.

  2. I am just curious, I hired a public defender due to me being on SS Disability. I was arrested in Dec 2014, pled guilty in Aug 2015. Due to me being on limited income, paying $120 per month for Interlock Device and SR-22 Insurance , I have.not been.able to pay on fines. Judge ordered this device for 1 year which was up Sept 3 2016but I can’t get it out until all fines are pd. My pd has yet to answer my.question via email only. Only her secretary has called me back but with no answer. If only ordered to have Interlock Device for one year, why can’t I get it out? If I could machine out at $120, SR-22 Ins reduced, I could use that $250 on fines. Do you know of anything I might can do? Very Desperate! !! Being 1st offense, I had NO CLUE WHAT TO DO! Being disabled I probably could have had the dui thrown out but I didn’t know any better. On a very limited income, disabled, single mother with NO child support, I didn’t think I could have hired a lawyer. Any help would greatly be appreciated!
    Sincerely,
    Audrey L Dykes

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