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Your Driver’s License after a DUI arrest

Posted in Blog on March 5th, 2013

If you took the breath test and registered over the legal limit (0.08):

Ten days following your arrest, the Department of Highway Safety and Motor Vehicles (DHSMV) will seek to suspend your driver’s license for a period of six months.

If you “refused” the breath and/or urine test:

Ten days following you arrest, the Department of Motor Vehicles will seek to suspend your driver’s license for twelve months for a first refusal or 18 months for a second refusal.

How to challenge the suspension:

To prevent this from happening, a hearing must be requested within the first ten days following your arrest. The Department will schedule a hearing in order to determine the legality of the suspension. While the hearing is pending, the DHSMV will issue to you a restricted license for “Business Purposes” only.

Business Purposes only means a driving privilege that is limited to any driving necessary to maintain livelihood, including to and from work, necessary on-the-job driving, driving for educational purposes and driving for church and for medical purposes”

If you win the hearing:

If the Department finds that the suspension was unlawful you will be entitled to receive your license back.

If you lose the hearing and the breath test was over a .08:

If the DHSMV affirms the suspension, they will impose a six (6) month suspension on your driver’s license if you submitted to the test.  You must do the first 30 days (hard time) of the six-month suspension without any license.  After completing the hard time of 30 days, you are eligible to apply for a hardship license if you have enrolled in a Level I DUI school and if you do not have two or more DUI convictions on your record.

If you lose the hearing and it was a refusal to submit:

If the DHSMV finds that the suspension was Lawful, they will impose a twelve (12) month suspension of your driver’s license. You must do the first 90 days (hard time) of the twelve-month suspension before you are eligible to apply for a hardship permit.  Once the 90 days of “hard time' has been completed, you are eligible to apply for a hardship permit provided that you do not have two or more DUI convictions on your record, you have enrolled into DUI SCHOOL and that you have not driven during the first ninety days of the suspension.