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DUI License Suspension
Each year, thousands of drivers risk
losing their driver’s license as a result of speeding
or other traffic violations, and individuals who are charged with driving under the influence (DUI) are even more likely to lose these privileges.
As a result, if you were recently charged with driving while intoxicated, you too may be facing a DUI
license suspension
and numerous other criminal penalties. Fortunately, with help from an experienced criminal defense attorney, you may be able to avoid such consequences.
Although each state has its own guidelines for sentencing DUI offenders, most jurisdictions impose a mandatory license suspension if you are arrested for driving under the influence. Known as an administrative license suspension, this punishment is enforced by the Department of Motor Vehicles, and goes into effect the moment you are arrested for DUI. Depending on the laws in your area, the suspension may last
30 to 90 days for a first offense
and a year or more for repeat violations.
Once your driver’s license is suspended, you are prohibited from operating any type of motor vehicle. The good news is that most courts allow drivers to appeal their suspension. In some cases, the court may even reinstate your driving privileges temporarily until it makes a final ruling in your case. However, if these privileges are reinstated, you will only be permitted to drive to and from work, school, medical appointments, and other court-approved activities.
Now for the bad news: in most areas,
you must request the administrative hearing in order to appeal your license suspension
—it does not occur automatically. What’s more, you typically must request this hearing within 30 days after your arrest. If you do not meet this deadline, your license suspension will remain in effect for the full length of your sentence.
In addition to being tried in civil court, your case will also be heard in a criminal courtroom. If you are found guilty, a judge will impose additional penalties, such as ordering you to attend alcohol counseling or pay a fine to the court. In some states, you may also be sentenced to jail time—even if is your first offense. And, your criminal case is dismissed or you are found not guilty, you still risk losing your driver’s license, as your civil case is handled separately from your criminal hearing.
To improve your chances of obtaining a favorable outcome in court, it is important for you to obtain legal representation immediately after you are arrested for DUI. With the right attorney, you may be able to avoid the many civil and criminal penalties associated with a drunk driving conviction.
Submit a free online case consultation form to find a skilled DUI defense attorney in your area.