As you know by now, when a driver is arrested for DUI, the arresting officer suspends that person’s license on behalf of the Department of Highway Safety and Motor Vehicles. This suspension is for a period of six (6) months if that driver’s BAC is .08% or above, or for one (1) year if the driver refuses to submit to a chemical test. This period is extended to eighteen (18) months if it is a second refusal. The driver then may drive on the citation as a temporary permit for a period of thirty (30) days. After this thirty day period, there is a “hard suspension” of thirty days for a BAC of .08% or above, and ninety (90) days for a refusal to submit to a chemical test. During this “hard suspension” period under the new law, the driver will not be eligible for any type of driving permit. The effect of this is that all DUI offenders will suffer some period of suspension without any possibility of obtaining a temporary or business purposes license.
The driver is entitled to an administrative hearing to determine the validity of the suspension. This hearing must be requested within ten (10) days of the date of arrest. Because of this statutory scheme, it is critical that you or your attorney request a hearing to review the suspension. Because these hearings are evidentiary in nature, you should contact an attorney for information on how all of your rights under this law can be protected.
If the suspension is validated by the Department of Highway Safety and Motor Vehicles, the “hard suspension” will begin thirty (30) days after the arrest. Obtain experienced legal advice and representation immediately to be sure all of your rights are preserved.
Remember, if you do nothing, the “hard suspension” will start thirty (30) days after your arrest.