DUI - Driving Under the Influence

02/06/2009 - Suskauer Law Blog - Link to This Entry

YOU CAN’T BE SERIOUS! DON’T THEY KNOW I NEED MY LICENSE OR A WORK PERMIT TO WORK???

Many of our clients come to us after being arrested for Driving Under the Influence (DUI). And, almost all of them are completely unaware of the severe administrative penalties that come with the arrest that result in driver's license suspensions.

For instance, if a driver refuses the breath test, his or her license gets suspended by the Department of Motor Vehicles (DMV) for one year—if it’s the first time they refused a breath test. If the driver takes the breath test and registers .08 or higher, the DMV suspension is for six months.

The worst part of those suspensions is what's called "hard time", which means that if the suspension is upheld, there is either a 90 day or 30 day window where the driver CANNOT drive at all because they are not eligible for a hardship license during the hard time period (90 days hardtime for refusal suspension and 30 days for breath suspension).

Please contact Suskauer Law to discuss the strategies we have used to try to avoid such administrative suspensions in what's called a Formal Review hearing. It is important to note that this DMV administrative process is completely separate and distinct from the actual criminal case for the DUI itself.