Driving under the Influence (DUI) cases are very sensitive and should be taken seriously. There are many ramifications tied to being convicted of a DUI. One of the most immediate and common penalties is a license suspension.
How soon you get your license reinstated is based on a variety of things. Here are some options:
• If you choose to fight your suspension, you will only have 10 days to request a formal review hearing. Depending on your circumstances, this may be the best option. If you win the hearing, your suspension will be removed, but the criminal charge(s) will remain.
• First offenses where you took the Breathalyzer test will be suspended for six months with a 30 day hard suspension. If you chose not to take the breath test, your suspension will last for 12 months with a 90 day hard suspension.
• Second offenses where you took the Breathalyzer test will result in a 12 month suspension with a 30 day hard suspension. If you did not take the breath test, this will result in an 18 month suspension with an 18 month hard suspension.
• If you have three or more offenses, you will receive an immediate 12 month suspension with a 12 month hard suspension. However, refusal of the breath test after a prior offense will result in an 18 month suspension with an 18 month hard suspension.
The courts also have the right to indefinitely revoke your driver’s license based on your prior history, and can require you to attend classes for alcoholism and/or rehabilitation. A “hard suspension” means that you will not be able to get a license under any circumstances during this time. This includes a license for “business purposes only” or even obtaining a restricted driver’s license.
The smart thing is to be proactive and not drive under the influence, but if you find yourself in this type of situation, having a criminal defense attorney on your side to assist you through the process will help. Your attorney will be able to ask all the important questions that have affected your case to make sure you are not being illegally charged. It is very important to seek legal advice if you are in this situation. If you find yourself facing a license suspension due to an arrest for DUI, having an attorney evaluate your case is critical to your success. Attorney James Davis is well versed in criminal matters and can help you navigate through the system, fighting for your rights. For more advice and consultation, call the office or submit a contact form today!
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