Drivers pulled over and charged with driving under the influence (DUI) may immediately lose their licenses. If they do not request a hearing, their driving privileges may be suspended for 30 days or longer. To prevent the license from being confiscated by the arresting officer, a driver should follow several steps.
License Confiscation During DUI Arrest
In many states, the arresting officer must complete a driver license suspension or revocation form and confiscate the driver license on the spot when arresting an individual for DUI. The form and license are sent to the state motor vehicle agency, which then conducts an administrative review. If the agency upholds the license suspension or revocation, the license will be held until the confiscation period has ended and the driver pays a reissue fee.
After a receiving suspension or revocation order, a driver who believes he or she is innocent should request a hearing contesting the suspension of the license. When the agency conducts the administrative review, it will determine whether a basis exists for confiscating the license. If there is no basis, the order will be set aside and the license will be returned to the driver.
If the review reveals a valid basis for the order, the license will be suspended or revoked for a length of time determined by state law. As one example, California law requires a four-month suspension of driving privileges for a driver at least 21 years old with a blood-alcohol concentration of 0.08 percent or higher. If this is a repeat DUI charge within a ten-year period, the driver will face a one-year license suspension.
Prevent License Suspension
The best way to beat a driver license suspension is to hire a competent DUI attorney and request a hearing. The lawyer will challenge the suspension or revocation order by presenting evidence of innocence. Individuals arrested for DUI deserve their day in court to present their side of the story, which may involve questioning the arresting officer’s behavior or testing methods or calling expert witnesses. If enough evidence exists to put reasonable doubt into the mind of a judge or jury, the case will be dismissed and driving privileges will not be suspended.
When searching for a skilled DUI lawyer, make DUIRights.com the first and last stop. Our legal advocates will match you with a local DUI attorney with the experience required to win the case if you are innocent. Complete our short online request form to find out how to prevent driver license suspension due to a DUI charge.
DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.
Is DWI AND DUI THE SAME
In some states, DWI and DUI are considered the same offense, while in others, they may be separate offenses with different legal consequences. For example, some states use DWI to refer to driving under the influence of alcohol, while DUI is used when a person is impaired by drugs or a combination of drugs and alcohol. In other jurisdictions, the terms may be used to differentiate between the level of impairment or the specific substances involved.