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

You can avoid a license suspension after a DUI charge if you:

• Win a DMV hearing
• Are found not guilty of DUI
• Have a DUI case dismissed 

For the best chances to prevent a suspension, follow these essential steps immediately after a recent DUI arrest:

1. Request a driver’s license hearing within 10 days of your arrest
2. Use the time between the request and the hearing to speak with a DUI lawyer
3. Hire a competent defense attorney who is experienced at handling DUI cases
4. Consult with a specialist DUI attorney in the area to explain updated local laws regarding license suspension and getting your driving privileges reinstated
5. See an informal hearing officer at your local Secretary of State office, if you do not have a lawyer to represent you
6. Obtain a “court purposes driving abstract” from the Office of the Secretary of State 

You can also try to get your case dismissed or go to trial and secure an acquittal.

In every case in order to successfully avoid a license suspension in a DUI, you must win both the DMV hearing, and also avoid a court conviction. With the DMV, that means that you must contact the DMV and request a hearing within 10 days of your DUI arrest.

Best Defenses to Avoid a License Suspension After a DUI Charge

Fighting a DUI charge is undoubtedly stressful, and the potential loss of driving privileges adds another layer of worry. While a license suspension often feels inevitable, exploring your options with a skilled DUI lawyer in the area can significantly increase your chances of keeping your license.

This guide, utilizing our over 26 years of firsthand experience defending countless clients, delves into the best strategies to fight for your driving rights.

Here’s what you can do to save your license after a DUI arrest:

Act Promptly: The Power of Timeliness

Immediately contact a DUI attorney upon arrest. Each state has strict deadlines for requesting a license suspension hearing, often within 10-15 days.

Missing this window severely limits your options. An experienced lawyer understands these deadlines and ensures you file promptly, preserving your chance to fight the suspension.

Fighting the License Suspension Process: The Local Legal Arena

Two separate entities can suspend your license after a DUI: the Department of Motor Vehicles (DMV) and the court system. The DMV hearing, often faster than the court case, focuses solely on your driving privileges.

The court case addresses the DUI charge itself, but a conviction often triggers an additional license suspension. Your lawyer navigates both these legal battles simultaneously, maximizing your chances of success.

Challenging the Evidence: Casting Doubt on the Case

Your lawyer meticulously examines the police report, breathalyzer results, and field sobriety tests, searching for inconsistencies or errors. They may challenge the legality of the stop, the accuracy of the tests, or the officer’s procedures.

Weakening the prosecution’s case can significantly influence the DMV hearing and potentially lead to favorable plea bargains in court, minimizing license suspension time.

Seeking Alternatives: Exploring Hardship Licenses and Interlock Devices

Depending on your circumstances, your lawyer may advocate for alternative solutions. Hardship licenses allow restricted driving privileges for essential needs like work or medical appointments.

Ignition interlock devices, installed in your car, require a breathalyzer test before starting the engine, demonstrating responsible behavior and potentially reducing suspension duration.

The Power of Negotiation: Seeking Favorable Resolutions

Your lawyer negotiates with prosecutors to explore plea bargains that minimize the impact on your license.

Depending on the specific circumstances, they may negotiate for reduced charges, shorter suspensions, or alternative sentencing options that keep you driving legally.

Case Scenario: A Second Chance

Client: Nancy, a single mother, faces a DUI charge and potential license suspension, jeopardizing her ability to drive her children to school and work.

Strategy: Our team challenged the breathalyzer test due to improper calibration and identified inconsistencies in the field sobriety tests.

We negotiated with the prosecutor, highlighting Nancy’s clean record and remorse, resulting in a reduced charge and participation in a DUI program instead of license suspension. Nancy kept her driving privileges and avoided the financial hardship of alternative transportation.

In Conclusion

This guide provides a glimpse into some of the most reliable proven strategies to prevent a suspended license after a DUI charge, but consulting a qualified DUI lawyer is crucial for tailored advice and the best chance of success.

U.S. Legal Code 23 U.S. Code § 159 requires the prosecution to prove a drug or alcohol-related DUI offense beyond a reasonable doubt in order to revoke a driver’s license. A strong defense under this rule of law is how to fight suspended license for DUI regardless of whether it is for a first or second DUI offense.

The best suspended license remedy for DUI is always through mitigation factors using arrest information within the police paperwork to a defendant’s legal advantage in time before court.

DUI Suspended License 2024 Defense Law References:

https://www.law.cornell.edu/uscode/text/23/159

http://www.dmv-department-of-motor-vehicles.com/