How long will my license be suspended for a DUI?
If you’re charged with a DUI, you really face two different proceedings. You face a court proceeding (and a potential drivers license suspension from the court), but you also face what’s called an “administrative suspension” from the DMV, and those are two separate and independent processes.
You have 10 days from the date of your arrest to request a hearing with the DMV to fight that suspension. As long as you make that request within 10 days, you’re going to be given a hardship drivers license permit that’s good for about six weeks that will allow you to drive back and forth to work or any other life activity. Once that drivers license expires, your license goes into suspension. If this is your first DUI arrest, you’re facing a six month suspension of your drivers license. 30 days of that suspension you’re not allowed to drive at all, and then you’re allowed to apply for a hardship permit. That’s on the administrative side.
On the court side, you also face a six month drivers license suspension for a first offense, but there isn’t that 30-day period where you can’t drive. What you’re going to have to do is sign up for and complete what’s called “DUI School.” As long as you have completion of DUI School prior to getting your court suspension, you can apply for a hardship permit immediately without having to wait the 30 days.
If this is not your first arrest, if you have a prior in any other state at any other time, you’re facing potentially a five-year suspension of your drivers license. During that five year suspension, you have to serve at least one year where you can’t drive at all. Then you have eligibility to apply for a hardship.
If you refuse to provide a breath test at the time of your arrest, they can suspend your license for up to one year, 90 days of which you cannot drive at all. If you’ve ever refused before and you’ve refused this time, it’s an 18 month suspension, with no eligibility for a hardship. So as you can see, with a DUI case you really have two separate proceedings going on at the same time, and we’re ready to help you with both. But remember, you have 10 days to request your hearing with the DMV, so give us a call today and let us get started.