If you’ve been charged with a DUI, this what you need to know about your driver’s license.
Posted by Ben Sessions | | DUI / DWI
If you’ve been charged with a DUI, this what you need to know about your driver’s license. There are 2 cases that you will face: the criminal DUI case and the administrative license suspension. The administrative license suspension case is as important as the criminal case, particularly if you are alleged to have refused the test. It’s a really common question that clients have. If they’ve been charged with a DUI about whether or not they’re going to lose their license as a result of refusing to submit to a test. I really don’t worry about cases in which my client submitted to the test in terms of the administrative license suspension. That suspension is very minimal and in a first lifetime DUI in a first and five DUI, you’re eligible for an a permit immediately so you don’t have to worry about any real suspension of your license affecting your ability to get to and from work, school medical emergencies kind of thing. The real problematic situation arises whenever you refuse to submit to the state administered test and that’s whenever you can lose your license for up to a year. And that suspension folks is with no limited permit whatsoever. It’s a hard suspension with no work permit, no school permit, no anything, no drive.
For a year if you’re under that suspension, the only way you can get that suspension lifted is if you win your DUI or get it reduced reckless driving or some of the disposition other than a DUI. So that’s the really problematic one. And for a lot of clients they are just are not getting good advice. It’s sort of assumed that that part of the case by virtue of following an appeal is going to go away. And I have to tell you that is not at all what it is is going on these days. The decision is much more complex, much more rushed and you’re usually making the decision based on very limited information. So usually that hearing will occur within 45 to 60 days after the date of arrest and you in most jurisdictions will not have discovery during that time. So you’re going to be making a decision based on very limited information and you’re going to have to make a really hard decision, which is am I going to fight this case and potentially lose my license or am I going to make a deal in this case?
If you’ve been charged with a DUI, this what you need to know about your driver’s license. The administrative license suspension case can be as important as the criminal case.
A lot of clients just think that deal doesn’t mean anything, but the deal does mean something. And the deal will be that you plead guilty to the DUI. Now a lot of clients think as well that, and a lot of lawyers think as well that you can just walk out of that, that hearing the administrative license suspension and just break that deal and it’s no big deal at all. It’s actually a huge deal. Um, and is a huge deal for a couple reasons. One, the State can try to reintroduce re introduce that into the trial of your DUI case and to the officer in the case can try to reinstate that license suspension against you. And odds are you probably will not get a hearing upon that suspension if they try to reinstate it. So really be aware of those consequences as you’re going into it and understand that that hearing is not a given and it’s not anything to take lightly at all. It’s one that you really have to be conscientious about being prepared for as well as you can and know that there’s going to be some hard decisions that must be made at that hearing. If you have any questions, feel free to call me. My name is Ben sessions. My phone number, (470) 225-7710 again, (470) 225-7710 thank you.