So, you’ve been arrested for DUI and are wondering what this means for your driver’s license? The answer depends on whether you are a first time offender, or have had a prior DUI. For most first time offenders, a hardship license is a possibility, but you do have to take certain steps to ask for this remedy. The most important thing to remember is to make a request for review of the status of your driver’s license within ten days of being arrested for DUI. If you do that, you may be given a limited right to drive. But when it comes to a second or subsequent DUI arrest, the story is not quite the same.
Three things you need to know about getting some of your driving privileges back if this is not your first DUI, are:
- You could be required to complete DUI and/or drug and alcohol school.
- The Special Supervision Services has to give you the thumbs up by way of a recommendation for the license.
- You will be required to remain in the Special Supervision Services program the entire time you are driving on a hardship license.
If approved, you do have to pay fees and you will probably be required to have an interlock device installed in your car. All of this might sound like a lot of hard work, and it can be, but being given even a limited right to drive can help ease the burden of not having a license at all. There are also certain timing requirements for this type of license, so you will want to be sure you follow the proper procedure. We have helped people who have just received their first DUI, and also drivers who have had a prior charge against them. We understand how important your right to drive is to you and your family, and aggressively pursue every legal remedy available. Let us help you with your case, and keep you on the road. In addition to the help you will need with your license, we will also work hard for a good result in the criminal portion of your DUI case.
For more information about DUI defense, call us today to schedule an appointment. One of our experienced criminal defense attorneys in Stuart and the Treasure Coast is here to help you and your first visit is a free initial consultation.
It is not a very well-known fact that when you get a DUI you are on a short timeline to make sure you can still keep driving. Most people are not aware that with most DUI arrests, your license is taken away and in order to get it back or to get any rights to drive, you have to make a request for an administrative review of the revocation. This means that a DUI case is a two part case, with one part being the criminal DUI matter and the other part being the administrative case regarding your driver’s license. The most important thing to know about the loss of your license is that if you do not ask for the review within ten days of arrest, you are not allowed to do so later. The result of failing to act fast is that you are not allowed to drive. But, if you do make a timely request, you will be given a chance to have the license revocation overturned, or at least modified. If the revocation is modified, the most likely form of modification is to grant the driver a hardship license.
A hardship license, as it is associated with a DUI is obtained by following these three steps:
- Make a written request for review of your license revocation. Make this request within ten days of your DUI arrest.
- Attend the hearing once you know the hearing date. Keep in mind that just because the request has to be made within ten days, this does not mean your hearing happens that fast.
- At the hearing, present the evidence in your favor that shows you need to continue driving while your DUI case is pending. The evidence needed for your case will depend on your personal needs, and we can help present this for you in a way that makes the most sense.
When given a hardship license, you are still allowed to drive to school and work. Most licenses of this type also grant you the ability to drive to doctor appointments and to things scheduled that relate to your case. The benefit of the license is that you do not run the risk of driving while your license is suspended, which is a new crime you would have to defend. Our team of skilled DUI attorneys knows how to make the request for review on time, and will prepare your case for hearing. Contact us today for more information and to make sure your right to drive is protected.
If you have been charged with DUI, call our office to speak with a qualified criminal defense attorney. Call today to schedule an appointment.
When you are charged with a traffic related offense, such as reckless driving or DUI, you can expect to have your driver’s license suspended. This prospect is scary for most people, because losing the ability to drive seriously interferes with your daily activities. But, there are cases where you can ask for a limited license, but only if you follow the legal procedures that allow you to make this request. For example, if you have been charged with DUI, you only have 10 days to ask for a modified license. If you do not make this administrative request, you will not be able to do so later and your driving privileges will be suspended for one year. For many first time offenders, being granted a limited right to drive is routine, but you do have to provide evidence of your need for this type of license.
This type of license is referred to as a hardship license, and here are two ways obtaining one is beneficial:
- A hardship license will grant you the right to drive to work, school, Church, and other activities. This means you do not have to worry about how you will get around, or ask a co-worker to carpool. Being able to get to work is beneficial to your financial well-being, which means you can continue to support yourself and your family.
- A modified license can help to keep your spirits up while serving the terms of your probation. Being charged with a DUI is confusing and frightening, and can also cause emotional trauma. If you are able to maintain the right to drive to necessary activities, your psyche can receive a real boost. For some people, this type of independence is just what is needed in order to stay on course with probation and successfully complete their case.
Of course every case is different, and everyone has different needs. What you need from your DUI case depends on your lifestyle and personal obligations. We can help by identifying which needs are considered “necessary”, and making an argument that your limited right to drive should include the ability to drive to and from those activities. Call us today for a review of your case, and allow us to develop a strategy that works best for you.
If you have been arrested for DUI, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.