DUI Essentials: Restricted and Suspended Drivers Licenses Following a DUI

myDUIAttorney.org reviews the essential information anyone facing a license suspension following a DUI arrest or conviction needs to know. This information is not meant as a substitute for legal counsel as laws vary from state to state and county to county. Contact an experienced DUI attorney in your area for a free consultation and case review today by completing the short-form on our homepage.

Can I be acquitted on DUI Charges and Still Lose my License?

It is possible that you can be acquitted on the criminal DUI charges and still lose your driving privileges. The reason is that in a DUI case there are two separate proceedings that ensue: there are court proceedings to determine whether you are convicted of the crime of DUI, and there are administrative proceedings to determine whether the Department of Motor Vehicles will suspend your driver’s license. So it is possible to win and prevail in court but still lose with the DMV and suffer the driver’s license suspension.

Can a Police Officer Suspend my License at the Scene of a DUI?

A police officer can confiscate your physical driver’s license at the scene of a DUI if you are arrested and that is a common practice. However what the officer will do is give you a temporary license in its place. The temporary license allows you to drive temporarily until you can have an administrative hearing to determine whether the suspension will ultimately go into effect.

What is a Temporary Restricted License, or TRL?

A temporary restricted license, is a temporary license that you can obtain during the period of your driver’s license suspension. This allows you to drive to places that you have a critical need to drive to. Typically this includes to and from work or work-related activities, driving to and from school if you are a student, and driving to and from a court-imposed alcohol or drug program.

What are the Restrictions Associated with a Temporary Restricted License?

The restrictions associated with a TRL are that you can only drive to and from work or work-related activities if you are employed, to and from school if you are a student, or to and from a drug or alcohol program that has been ordered by the court.

If you exceed those restrictions, meaning you are caught driving to a concert or a movie or something unrelated to the above activities, then you can be charged with driving on a suspended license and you could go to jail.

What are the Eligibility Requirements for Obtaining a Temporary Restricted License?

In most states, to obtain a TRL after your license has been suspended because of DUI, at a minimum you have to show that you have enrolled in or completed an alcohol class, which can last up to 18 months depending on the nature of the offence. You must also show proof of auto liability insurance - a document that you obtain from your insurance company that is commonly known as an SR-22, and you have to pay a fee in order to get the restricted license. The size of the fee depends on the state in which your license was suspended. To find out how much this will cost you, visit your state’s Department of Motor Vehicle web site or contact a local DUI attorney in your area.

How Can I get my Driver’s License Reinstated after a DUI?

If your driver’s license was suspended following a DUI conviction, and you have served the suspension period, you can get the license reinstated if you show proof that you have either enrolled in or completed an alcohol or drug program that was imposed upon you by the court. Also, you must show proof of auto-liability insurance and you have to pay a reinstatement fee to the Department of Motor Vehicles in your state. To find out how much this will cost you, visit your state’s Department of Motor Vehicle web site or contact a local DUI attorney in your area.

When Does a DUI License Suspension begin?

If your driver’s license is suspended because of a DUI, you will receive notice of the suspension in writing by mail. The notice will inform you that you are about to suffer the license suspension, and the suspension will go into effect shortly thereafter – normally between 5-10 days from the date of the notice.

What Can I do if my License is suspended as a Result of a DUI?

If your driver’s license is suspended as a result of a DUI, you are entitled to have a hearing with the state department of transportation or the DMV to determine whether that suspension will stay in effect or whether you will get your license back. You have a limited number of days following a DUI arrest in which to request the hearing. This time period varies between 7 and 30 days depending on the state in which the arrest took place.

If you fail to request that hearing within the allotted time period then you will forfeit your right to a hearing and at that point there is not much you can do about the license suspension. It is therefore imperative that you act quickly to contact an experienced DUI attorney in your area as quickly as possible following your DUI arrest to ensure that you do not forfeit your right to a hearing, and try to save your driving privilege, or request a temporary restricted license at minimum.

What is a Driver’s License Suspension Hearing?

A driver’s license suspension hearing is a hearing that takes place with the state Department of Transportation or Department of Motor Vehicles in which a hearings officer presides and determines whether or not to impose the driver’s license suspension or to set aside the suspension. This hearing can be vital in uncovering evidence that can be used to strengthen your case during the criminal proceedings against you, and so is a highly advisable step in the process even if your request to have the suspension removed is denied.

Typically at a hearing you have the right to be present, you have the right to be represented by an attorney, you have the right to testify and present evidence and you often have the right to subpoena the police officers who arrested you and to cross-examine them about what happened.

Do I need an Attorney for my Driver’s License Suspension Hearing?

You are not required to have an attorney at the driver’s license suspension hearing. You may represent yourself and many people do represent themselves. However, the reality is that with an experienced attorney, you are more likely to prevail.

 

If my Driver’s License is suspended because of a DUI, can I appeal the decision?

If you have a driver’s license suspension hearing and you lose, and your license is suspended, there is a process by which you can appeal that decision. This process is known as “administrative review” and it’s one where an independent panel will review the transcript of the hearing, review the evidence presented during the hearing, and determine whether the hearing officer that made the decision against you aired or made a correct decision.

How can a Driver’s License Suspension Hearing be Useful to my Criminal Trial?

Oftentimes the driver’s license suspension hearing will take place before the court proceedings are resolved and your attorney can use that hearing to collect evidence that is favorable to your case. For example, you can subpoena the police officers who arrested you, put them under oath, cross-examine them about what happened leading up to and during your arrest, get them to admit to things that were consistent with your sobriety, getting them to admit mistakes in their investigation, obtaining favorable information about your case from them. You can then take the transcript from the suspension hearing of this testimony, and other evidence that you generate, and use it as leverage when your attorney negotiates with the prosecutor and the judge in court in regard to what happens with the criminal charges against you.

How is the Length of my Driver’s License Suspension Determined?

Most states have standard lengths imposed for a first offense, a second offense and a third or subsequent DUI conviction. However, other things that can affect the duration would be:

• The age of the driver – if the driver is a minor it will typically result in a longer suspension
• The BAC level of the driver – a very high BAC level will result in a longer suspension
• Whether there was a refusal to submit to a blood, breath or urine test – in many states, refusing to take one of those tests will result in a much longer suspension as well

What are the Penalties for Driving While my License is Suspended?

If you are caught driving on a suspended license, particularly because of a DUI and you are on probation for DUI already, it would be a violation of your probation and the judge could send you to jail for this. You could also be charged with a separate crime – which is a misdemeanor offense known as: “Driving on Suspended License” and you can also face jail time because of this.

Take Action Now

Time is of the essence in regard to retaining your driving privilege and avoiding jail time, so don’t delay and find an experienced DUI attorney in your area now. Simply complete the short form on our homepage and we’ll match you with local attorneys completely free of charge.