How to Beat DUI License Suspension January 2020
There are legal ways how to keep a license after DUI, DWI and circumvent it getting suspended. A DUI arrest today results in a near immediate driver license suspension. This punishment can make life very difficult to say the least, unless the right defense actions are taken in time at the earliest stage of a case to avoid the revocation.
How can I get out of my license being suspended or revoked if I got pulled over and blew over .08 BAC legal limit? When an arrest review finds there were problems with the initial reason police had to stop a driver in the first place or other police report mistakes created legal technicalities, identifying these common officer paperwork errors and driver’s rights violations early enough are the best methods that work to keep your license from a DUI suspension effectively.
Even in cases when a person is concerned about the cost of legal fees, a driver should never wait getting legal help with arrest-specific license suspension defenses that work to have the best chances to avoid revocation by the DMV. This is because for drivers who are in tough financial predicaments, affordable and even free DUI defense is locally available to help prevent a suspended license from happening in time following an arrest.
The arresting officer takes the license on the spot and issues a temporary license. Drivers charged with DUI of alcohol or drugs should understand how a temporary license works because if they act quickly, they may be able to get regular driving privileges reinstated. Furthermore, there are legal defenses available to help provide ways how to avoid the ignition interlock requirement that happens after a first DUI offense.
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 then knowing exactly how to win your license suspension hearing should be the first steps taken after an arrest took place.
Additionally, we can provide you with case-specific options online to immediately assist in being able to keep your legal driving status.
- 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
“What happens if I can’t afford a lawyer but still want to fight and avoid a license suspension?”
Many drivers charged with DUI mistakenly think there is no way to avoid having a suspended license and wait to get help or legal advice, because they worry about not being able to afford a good lawyer. Every case and arrest situation is unique, just as each person’s own financial circumstances. Individuals who are concerned about the cost of affording DUI attorney fees but still want to have the best defense to prevent losing a license after DUI, free local pro bono lawyers are often the best option who can help fight to stop a suspension in these cases.
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, a DUI 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 operating a vehicle while intoxicated.
With help from an local defense lawyer who will know how to get a license reinstatement, an individual can fight a DUI blood test based on BAC chemical testing and avoid a driving privileges 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 with saving a license from getting suspended.
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.
Even the consequences that happen for a first DUI offense today, a driver can expect to be slapped with a mandatory license suspension after a conviction or guilty plea. This law for first-time offenders also applies to people who refused 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.
- 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.
- 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.
- 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
How to get my license back after DUI? The ultimate way how to get your license back without paying a higher price for DUI with a long suspension, is almost always identified by police mistakes with the arrest details or legal technicalities in the officer’s paperwork.
In other circumstances to get a license returned early after 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 fight to save your license and keep it from suspension, is the essential first step for how to beat a DUI case entirely by circumventing all the consequences that happen from the beginning.
The legal process of a license getting taken away will happen quickly following being charged for driving under the influence of drugs or alcohol. Online reviews of DUI arrests will provide free legal advice of the best defense options at the DMV administrative hearing and the criminal court case, helping make all the difference in how to save and keep a license from revocation. Finding the best way how to beat a DUI license suspension will always come down to arrest-specific defenses being able to work in time at the DMV license hearing.
Review how to get license back after DUI conviction today, and be aware of how much to expect to pay for a reinstatement fee for a DUI, DWI suspension:
- A $75, $265 or $495 reinstatement fee for a suspended license or a revocation may be paid by credit card online, by mail with a check, cashier’s check or money order made payable to Secretary of State, with the revoked driver’s license number written on the front of the fee sent to the Secretary of State address.
- Suspended driver’s license and revocation fees can be paid by phone using a Visa, MasterCard or Discover credit card by calling the Secretary of State phone number.
- An arrest review may also identify the ultimate defense how to get out of a license suspension early for DUI, DWI today. License reinstatement fees after DUI can also be paid at most of the following states local DMV locations in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
For submitting a license reinstatement payment at the DMV and locating the nearest DMV hours and addresses around you, please visit the Secretary of State facility website.
4 facts of additional information to know for how to get your license back after a DUI conviction:
- A driver license suspension or revoked license status is a separate action from the criminal DUI court case. A convicted DUI, DWI offender must follow the state DMV reinstatement rules in order to regain legal driving privileges.
- Once a person gets legally reinstated to drive again, an individual may be required to get a new driver’s license, which could also require a written and driving test at the DMV.
- It is also important that every driver today knows that a license suspension and revocation information is shared with all 50 states. What this means is, no other state will issue a new driver license to a person if there is an active suspension or revocation in any other state due to a DUI.
- The letter a convicted DUI, DWI offender receives in the mail when the license suspension action is first taken, will outline the start and end dates of the suspension or revocation time period. It’s also noteworthy to be aware, the DMV will not send out a notification to drivers once their suspension or revocation period has ended, so it is up to the individual with the suspended license to keep track of their own revocation time period.
Obviously, the ultimate option for people dealing with a DUI, DWI today is to utilize the best free legal advice early to avoid a conviction in the first place, and prevent the hassle of having to go through all the steps to get a license back once it gets revoked or suspended.
How to Keep License After DUI, DWI?
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 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.
Utilize free legal advice early to review how to get out of a DUI and keep your license. There are many technical blood test accuracy problems and errors in a police report that can be used as valid defenses which provides legal technicalities to avoid a license suspension after DUI, DWI. 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.
Last updated 1.10.20
DUI Suspended License January 2020 Defense Law References:
- Do You Go to Jail for a DUI, DWI? - January 17, 2020
- What Are My Chances of Beating a First Offense DUI Case? - January 17, 2020
- How Long Do I Need To Have An Ignition Interlock Device Installed for a First DUI Offense? - January 10, 2020
- How to Find a Good DUI Lawyer – Everything You Need to Know Not to Get a Bad DUI Attorney - January 7, 2020
- Getting a DUI While Parked or Sleeping in Your Car - January 6, 2020
- I Just Got a DUI and Need My License for Work to Keep My Job. What Can I Do to Drive After DUI? - January 5, 2020
- I Was Arrested for DUI, but Don’t Have a Court Date Yet. How Long do the Police Have to Charge Me With a DUI Offense? - April 19, 2019
- What Happens if I Can’t Afford to Hire a DUI Lawyer? - April 15, 2019
- How to Get Rid of a DUI, Clear a DUI Charge From Haunting Your Life in 2020 - April 14, 2019
- How Can I Beat a DUI, DWI Charge on a Technicality if There are Police Report Errors? - April 5, 2019