If you have been charged with a DUI or DWI, you may be aware of the potential for a sentence that includes time in jail or prison. You might know that a conviction could mean thousands of dollars in fines. You may not know that something as simple as refusing a breath or blood test can mean the suspension of your driver's license. You do not even have to be convicted to have this restriction on your freedom. Upon someone being convicted of a DUI, driver's license suspension is usually a part of the sentence. You need to understand this serious penalty and what you can do to counter it.
If you have been pulled over by an officer and he or she thinks that you might be under the influence, then you will be asked to submit to blood, breath, or urine tests. In almost any state, you will be considered to have "implied consent". What this means is that you are assumed to have given your consent to any tests. You driver's license could be immediately suspended if you refuse to take any chemical tests, or even if you refuse a second breath test (which officers may want, just to ensure the reliability of test results). Depending on the state where you were stopped, your license suspension could last for three months to a year. It does not matter whether or not you are later convicted of a DUI; refusing the test is all it takes to lose your license for months, unless you schedule a DMV hearing in time. There are, of course, other reasons why you may need to combat a driver's license suspension.
If you do take tests that read a blood alcohol level of 0.08 percent or higher, then you can be charged with and arrested for a DUI. At this point, you will have to turn in your driver's license to the officer, and he or she will then give you a temporary license. Once the temporary license expires, you will left without a driver's license for a specified amount of time. That is, unless you fight the suspension at a DMV hearing. This hearing is not automatic. You have to ask for it, and within a certain time constraint too.
At this hearing, you may be able to prove that your police stop was unlawful, or that there was no probable cause to test you, for example. Defending your driving privileges is vital. If you lose them, this can mean losing a great deal. The longer the suspension of your driver's license, the more you could lose. For example, no one wants to lose a job, especially in this tough economy. As it is, many people have long, possibly insane commutes. Without a car, it can be a strain, perhaps an impossibility to make it out to one's workplace. If one's license is suspended for a few months, this could be all it takes to lose a job. If someone loses his or her driver's license for a year or more, then this can severely limit that person's mobility and thus that person's opportunities in life.
A DMV hearing may not sound like a big deal, but much could be at stake. With a skilled DUI lawyer on your side, you may be able to protect your driving privileges. Depending on the state, you will probably only have days within which to fight your license suspension, so contact a DUI attorney today. Get time and experience on your side.