There are a number of penalties a driver must face after they have been arrested for a DUI, and one of the most difficult can be having their DUI license suspended. As a nation of drivers, and with less of a commitment to public transportation in many cities today, this can be a serious hardship for many people. While most people must endure their license suspension, there are options for some people to apply for and be granted a restricted license to use for the basic necessities of their lives and schedules.
Suspended License Penalties
Often an arresting officer will confiscate a suspect’s license at the site of the arrest. This is called administrative license suspension (ALS) and is legal in forty-one states and the District of Columbia. The process includes:
- A notice of suspension which serves as a temporary permit to drive, often lasting as few as seven and as many as ninety.
- A small window in which the suspect can request an appeal hearing. If the suspect misses that window or their appeal is rejected, the suspension lasts for the state’s prescribed period of time, which can be as short as two days or as long as a year for a first offense, depending on the jurisdiction.
There is some controversy over these the ALS, as some people claim it puts the suspect into double jeopardy for the ALS and the criminal prosecution and penalty that will be imposed if the defendant is found guilty of DUI. However, high courts in a number of states have ruled that no double jeopardy exists.
DUI License Suspension Ranges
There are a number of factors that determine how long a DUI license suspension will last. States generally have standard statutes that outline those penalties based on a number of factors:
- Whether it is a first, second, third offense, or more
- How high the blood alcohol content (BAC) was in the defendant
- If there were any other crimes committed in conjunction with the DUI
- If anyone was injured or there was property damage as a result of the DUI
The lengths of the DUI License suspensions fall into some common ranges:
- 6 months to 1 year for a 1st offense
- 6 months to 5 years for a 2nd offense
- 1 to 10 years for a 3rd offense
Clearly, that may make life difficult for some people who depend on their cars for work, school, ongoing medical treatments, the needs of their dependents, and more. If there is a true hardship, the defendant may request that the court grant them a restricted license to allow them to drive only for those necessities; however, the court will only grant those kinds of petitions at their discretion.
Getting Legal Help for DUI License Suspension
There are a number of steps throughout the DUI legal process that require the knowledge and finesse of a skilled DUI attorney to limit or dismiss a DUI license suspension. It can be difficult to convince a judge that someone convicted of DUI should be trusted to drive safely. However, a good attorney can present a case both for their client’s need and for their character, giving the judge solid reasons to limit or waive the suspension or to grant the restricted license.
