We are often asked the question: If I get one DUI, will I lose my ability to drive? Like most attorney responses, the answer is yes and no. Let me explain.
WHO CAN SUSPEND YOUR DRIVER’S LICENSE?Â
It is important to understand that there are two entities who can suspend your driving privileges. The first is the Department of Motor Vehicles. This is the administrative agency who granted you the privilege of driving and they can just as easily revoke that privilege. The second is a criminal law judge, who can suspend your driver’s license in accordance with statutes.
DMVÂ
When someone gets pulled over and the officer suspects impairment, the officer will conduct a DUI investigation. This involves questions from the officer, field sobriety exercises, and possibly a sample of your breath to measure Blood Alcohol Content. If the suspect refuses to take the breathalyzer, that person’s driving privileges will automatically be suspended by the DMV for a period of 12 months. If the suspect refuses to blow, they lose their license for one year. If the suspect does provide a breath sample to the officer and the results of that test are a .08 or higher, the DMV will suspend their driver’s license for a period of 6 months. These suspensions can be challenged in an administrative hearing if the driver requests a hearing within 10 days of the arrest. If the driver does not choose to challenge the DMV’s suspension, he/she can continue to drive for a period of 10 days, using the DUI citation as a driver’s license.
CRIMINAL COURT (JUDGE)Â
If the officer charges the driver with DUI, it is highly likely that person would be arrested and taken to jail. They would see a judge within 24-hours, who would likely release them from custody for little or no bond. Meanwhile, the State’s criminal case against the driver has begun. The State begins collecting reports and an arraignment date will be scheduled. Months will pass before the case can ever be resolved.
In the situation that the State’s case against the driver is strong and the driver has no valid defense to argue, the driver (through a public defender or criminal defense attorney) will try to negotiate a deal for the driver to plea to the minimum mandatory DUI sanctions allowed by law. One of these sanctions for a first-time DUI is a driver’s license suspension for six to twelve months. This suspension is ordered by the criminal judge begins immediately.
HARDSHIP LICENSEÂ
The good news for the driver is that he/she will likely qualify for a hardship driver’s license after his/her regular driver’s license has been revoked. The driver has 10 days after the arrest to either request a hearing challenging the DMV suspension or apply for a hardship license at the local Bureau of Administrative Review (BAR). Remember, the driver must enroll in DUI school and be able to show proof to the BAR before an application will be granted. A hardship license will allow the driver to drive to places that are necessary such as work, school, church, and the doctor.
Receiving a hardship license for one driver’s license revocation does not give you permission to drive on a different revocation. For example, Driver’s DL is revoked for refusal to take a breath test, and the driver enrolls into DUI school and obtains a hardship license. Five months later, the driver pleads guilty to first time DUI and receives a 6-month suspension from the criminal court judge. The original hardship was only for the first suspension from the DMV. In order to operate a vehicle after the Judge’s sentence of a new suspension, the driver must return to the BAR to get another hardship permit.
ATTORNEYÂ
All of this can be extremely complicated and confusing. The best way to avoid the many pitfalls of navigating through the DUI process is to hire an experienced DUI attorney. With a criminal defense lawyer in your corner, you can be confident that everything is being done to assure that your rights are protected.
If you would like to speak with an experienced DUI attorney, call Hendry & Parker, P.A. today for a free case consultation.