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.
- 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 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.
- 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
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.
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