For some people, perhaps the heaviest penalty of being charged and convicted of DUI is the DUI suspension. Almost every state has some method by which an offender may have their driver’s license suspended for varying periods of time depending on the circumstances. In addition, in many states the defendant may appeal the suspension or request a restricted license.
DUI Suspension Parameters
Most states have increased their DUI penalties in recent years, hoping to reduce the danger these drivers pose on America’s highways. While there are standard penalties in most states in the form of fines, jail or prison time, DUI classes or counseling, community service, and more, nearly all states require that the offender’s license be suspended. Those driver’s license suspension statutes can fall into a number of categories:
- Court-ordered driver’s license suspensions
- Administrative suspensions by a state’s Department of Motor Vehicles (DMV)
- Summary judgment suspensions resulting from refusing to submit to chemical testing after a DUI stop
Some of the elements that can determine the length of a license suspension include:
- The number of DUI convictions
- Any additional crimes that may have been committed at the time of the DUI
- Any injuries or damage that may have resulted from the DUI
DUI Suspension Periods
While these suspension periods vary by state, they commonly fall into these categories:
- First offense – from 6 months to 1 year
- Second offense – from 6 months to 5 years
- Third offense – from 1 year to 10 years
The procedure for DUI arrests requires immediate attention because in many states the suspect’s license is suspended upon arrest. The suspect and their lawyer must request an administrative hearing within ten days of the arrest in order to challenge that suspension. If they fail to make that request before the deadline, they will be unable to appeal.
In addition, if the suspension imposes a severe hardship on the offender and they cannot fulfill their necessary life and family obligations or the duties of their probation, if granted, they may request a restricted license for the period of their probation. Again, many judges will not grant this difficult appeal. It requires a level of legal expertise and negotiating ability that most offenders do not possess.
Finally, if the offender is granted probation and a restricted driver’s license, any violation of that probation can often include an automatic suspension of one year or more with no possibility of requesting a restricted license.
Getting Legal Help for DUI Driver’s License Suspension
Many states are making the penalties for DUI convictions much more harsh and showing much less leniency for the perpetrators. Without the help of a skilled legal negotiator, many will be unable to receive probation or restricted licenses to mitigate their difficulties. However, many qualified and dedicated attorneys will assist such offenders and provide the representation they need to avoid the worst of their consequences.
