Most people arrested for DUI don’t realize there is an immediate consequence to their driver’s license. Everyone is so concerned that they are being prosecuted for DUI that they neglect to realize the serious and immediate impact that the DUI arrest will have on their driver’s license.
If you are arrested for DUI and you blow over .08 you will incur an immediate 6 month license suspension. However, the ticket that you receive for DUI is your license to drive for the first ten calendar days. Within those first ten 10 days it is critical that you hire an experienced DUI attorney, like The Byrd Law Firm, to file paperwork with the Division of Motor Vehicles requesting a hearing as to whether or not your license should be suspended. By requesting the hearing within the first ten 10 days the DMV will then issue you a 42 day extended permit to drive for business purposes only. You will only get this 42 days extension if the proper paperwork is filed within the first ten 10 days. Our office files this paperwork almost on a daily basis. Within the 42 day permit time a hearing will held at the Division of Motor Vehicles as to whether or not your license should remain suspended or if it can be returned to you. If we prevail at the hearing you will receive your regular driver’s license back pending the outcome of your criminal DUI case. However, if we loose the hearing, and since you blew over .08, you will have to go 30 consecutive days of no driving at all. This “hard time” will begin once your 42 day permit expires. After the 30 days of no driving you will be eligible to get another business purposes only license for the balance of the suspension.
If you refuse to submit to a breath test the consequences are more dramatic and severe on the DMV side of your case. Specifically, you will undergo a 12 month suspension for refusing the breath test. As stated above, you will still be able to drive for the first 10 days and once we file the proper paperwork we will get you a 42 day extension. Again, if we win the DMV hearing you will receive your full license back pending your DUI trial. However, if we loose the hearing then you will have to undergo 90 consecutive days of no driving. After, the 90 days of “hard time” you will be eligible for a business purposes only license for the balance of the suspension.
The above only regards a first time DUI. If you have a second or subsequent DUI it becomes a little more complicated. The main difference is that if you refuse the breath test for a second time in your life regardless of how long ago the prior refusal to the breath test is you will receive an 18 month suspension of your license. If you do not prevail at the DMV hearing then once your 42 day permit expires you are ineligible for any sort of business purposes only license or work license and cannot drive for the balance of the suspension.
As you can see, it is critical that you get an experienced DUI attorney involved at the onset of your case to protect not only your liberties, but your driver’s license.
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