Suspended Driver’s License: Often A Casualty Of DUI

by Holly R Brady on October 31, 2013

Driving under the influence is a serious crime that can lead to detrimental consequences, but for some reason, around 1.4 million arrests still occur yearly for the act. Luckily, the majority of those convicted for DUI don’t end up arrested for it again, and with ignition interlock devices becoming so popular, this number is sure to drop. Unfortunately for those who learn their lesson after the single mistake, a high probability still exists that they’ll lose their license. The repercussions related to this alone mandate that those arrested know what they’re up against. License Suspension

License suspension is one of the most well-known and common consequences of a DUI conviction. DUI laws will vary by state, but regardless of a person’s specific locale, they’ll more than likely have their license suspended on the spot. In some states, police will provide a provisional license until the individual’s court appearances related to the charge are over. This doesn’t mean, though, that they’ll have full driving privileges.

Provisional Licenses
Most provisional licenses only allow a person to commute to and from work and school, and this can become a serious difficulty on a person’s life. In some cases, this provisional license is also suspended once a person is found guilty of their crime. Depending on where a person is arrested and the specific circumstances surrounding their DUI, this suspension usually lasts anywhere from three months to a year.Fighting the DUI

The best case a person could build for keeping their driver’s license is to have their DUI dismissed or be found not guilty. Though many individuals think a failed Breathalyzer or field sobriety test constitutes an automatic conviction, this is simply not the case. In fact, there are several defenses to a DUI charge:

  • Improperly calibrated Breathalyzers often produce false positives
  • Certain dieters and people with diabetes can have false positives due to high acetone levels
  • Police can improperly use Breathalyzer machines in a way that may not get a proper readout
  • The National Highway Traffic Safety Administration lists certain field sobriety tests as unreliable

Fighting a Suspension

It should also be noted, however, that it doesn’t always take a dismissal or acquittal to keep one’s license. A driver’s license suspension is administrative as opposed to criminal in nature. This means that it’s a states license issuing body that actually suspends the license. Because of this, a person can usually appeal their suspension decision within a certain amount of time. One San Bernardino DUI law firm lets its clients know that when they have been arrested for DUI, they have only ten days to save their license from suspension or revocation. In most states ten days is the norm.

When fighting a DUI or attempting to appeal the decision, however, it’s important for a person to have an attorney at their side. The burden of evidence is different in administrative hearings and criminal cases; and luckily, a legal professional will know how to properly handle both scenarios. In some cases, a person could literally be found guilty of DUI and still be allowed to keep their license due to a successful administrative appeal.Losing one’s license is undoubtedly one of the harshest and long-lasting effects of a DUI conviction. In fact, a person who has multiple DUIs could permanently lose their driving privileges. For those who have learned their lesson and plan on following the law after their first arrest, a license suspension is usually an unnecessary burden. Because of this and the serious consequences of not being able to drive, it’s imperative for a person to immediately seek legal help in an effort to hold onto their license.

In her more than 12 years as an NBC Affiliate journalist, Nicole Bailey-Covin has reported many DUI Awareness stories. In Interviewing legal representatives from the arresting officers to lawyers like those at the San Bernardino DUI law firm, the best advice to give a person arrested for DUI is to find an attorney right away, and learn their legal rights.

Holly R Brady

Holly R Brady

Holly R. Brady first began blogging while studying for her psychology degree and enjoys writing on legal and lifestyle topics. When she isn’t writing she likes swimming and reading, as well as taking long walks with her two Irish Setters.
Holly R Brady

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