What Happens To Your License When You Get A DUI? – Derek Byrd Attorney

What Happens To Your License After You Get A DUI?
Derek Byrd, Byrd Law Firm

When you get arrested for driving under the influence, you really have two problems. Everyone is aware of the problem they have with the criminal justice system, which is the State prosecuting you for driving under the influence. But you have a completely separate case going on – a completely separate problem -with the division of motor vehicles.

The division of motor vehicles is obviously the entity that governs driver’s licenses, and they can make whatever rules they want regarding your license. For example, they could say if you got three speeding tickets in a year, they’re going to suspend your license.

Well, one of the rules they have is if you get arrested for DUI and you refuse the breath test, they’re going to suspend your license for one year. That means from the day that you refuse the breath test, your license gets suspended for one year.

This is regardless of what happens in criminal court – you can be found not guilty in criminal court and still have your license suspended by the DMV. You can have your charge reduced to reckless driving in criminal court, but you’re still going to have a problem with the DMV.

It’s complicated. I highly recommend that you speak with a lawyer about this because you have the right to fight the DMV, just like you have the right to fight in the criminal court system to prevent the suspension of your driver’s license.

What actually happens if you’re arrested for DUI is the ticket that they give you for the DUI is your driver’s license for ten days. So, you’re allowed to drive for the first ten days without any restrictions on your license.

However, it’s very important that within the first ten days, you do something.  You need to hire a lawyer within the first ten days because a lawyer will file paperwork with the Division of Motor Vehicles requesting a hearing as to whether or not your license should be suspended or waiving the right to that hearing.

One big advantage of requesting that hearing, and it’s got to be done within the first ten days, is then the DMV will give you a 42-day business purpose-only license. So instead of stopping driving ten days after your arrest, you’ll actually get a 42-day extension on your privilege to drive.

When is Your License Suspended?

There will then be a hearing held as to whether or not your license should be suspended. We handle a lot of those here at The Byrd Law Firm. Often, we are able to prevent our clients from having their licenses suspended.

That’s a huge deal because then there will be no one-year license suspension. You’ll be able to drive just like anybody else while your DUI case is pending. If you were to lose that hearing and you refuse the breath test, you’ll have to go 90 consecutive days of no driving. That’s a pretty harsh penalty. No exceptions, no hardship, and 90 days of no driving. On the other hand, if you took the breath test and you blew over the limit, it’s 30 days of no driving. So, I think you can see it’s very important that you consult with an attorney regarding your driver’s license.

You can prevent that suspension. You can get extensions. You can get permits. All of which you are probably only going to be able to do with the help of an attorney.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.