Tick Tock goes the DUI Clock

Arrested for a DUI over the weekend? Did you refuse to give a breath sample?

If so, you only have 10 days to take action with the Department of Motor Vehicles before your license is Suspended for a Year and only 7 days to drive(after your arrrest)!

If that happened to you, chances are you will fall into one of two categories. If you are a first time offender and have no alcohol related (criminal history), you can elect to waive your right to an Administrative Hearing and immediately apply and receive a Hardship License. In order to qualify, you must show proof of enrollment in a DUI Level I – First Offender course. That course will run you about $260 on average.

If this is not your first alcohol related offense, your option is to request a DMV Administrative Hearing within that 10 day window. At that Hearing, an Administrative Hearing Officer, not a judge, will determine whether the officer had probable cause to make an arrest for a DUI. These hearings can be tough to win, but if you request a hearing, the DMV will issue you a 30 day driving permit. If the hearing is successful, your license will be reinstated (pending the outcome of your criminal case). If the hearing is unsuccessful, your license will be suspended. You will have to wait 90 days before being eligible to apply for a hardship license.

The DMV Suspension process is separate from the Court Suspension.

While the Court can order the DMV to suspend a person’s license, the court cannot order the DMV to lift a suspension that has been placed there by the DMV Administration. Separation of Powers and all that. So, even if you can beat a case at trial, your DMV issues suspension will remain in place.

Be aware that if you enter into a plea to a DUI or are found guilty at trial, the law requires a minimum 6 month driver’s license revocation be imposed by the court.

If a person has been issued a hardship license by the DMV because they waived the administrative hearing within the first 10 days, the hardship license will be revoked and taken by the court as the result of the sentencing. If that happens, take a judge-signed OR certified copy (by the Clerk of Court) of the “disposition” (aka Judgement and Sentence paperkwork) to the DMV Administrative Hearing Office. The DMV will issue a 30 day permit. There is always a delay between the time the court issues the order and the time the DMV takes action on your license. Once the DMV has received the court order and applied the revocation to your license, you will have to reapply for a hardship license.

If you have been charged with a DUI, contact Colbert Law at (407)412-7234 to speak with one of our experienced DUI Trial Attorneys. 

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