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Can I Avoid a License Suspension After Getting a DUI?

Posted by Brett Willis | Oct 03, 2024 | 0 Comments

Getting arrested for a DUI can be a life-altering event, one that can cast a long shadow over your daily life. One of the most immediate and significant concerns is the possibility of a license suspension. Understanding the nuances between an arrest and a conviction is crucial in navigating the legal landscape and exploring your options.

Arrest vs. Conviction: Key Differences

DUI Arrest

Being arrested for a DUI does not automatically mean you will lose your license. However, it's important to know that certain actions following your arrest can lead to an immediate license suspension. This distinction between arrest and conviction is vital in understanding your rights and the steps you can take.

DUI Conviction

If you are convicted of a DUI, avoiding a license suspension is not an option. Conviction, which occurs when you either plead guilty or are found guilty by a judge or jury, mandates a license suspension by law. The duration of this suspension varies depending on whether it is your first offense or a subsequent one. For a first conviction, you will lose your license for 120 days. For a second conviction, the suspension period increases significantly.

Circumstances Leading to License Suspension After Arrest

Refusal to Provide a Sample

One of the ways your license can be suspended after a DUI arrest is if you refuse to provide a blood, breath, or urine sample to the police officer. Refusal to comply with these tests can result in an automatic 12-month suspension of your license without the possibility of obtaining a work permit. This is a serious penalty, but there are ways to challenge this suspension.

Providing an Over-the-Limit Sample

Another situation where your license can be suspended before a conviction is if you provide a breath sample that is over the legal limit. In this case, the authorities have the right to suspend your license immediately. This suspension can also be contested, but it requires prompt action.

Steps to Avoid License Suspension After DUI Arrest

Filing an Appeal

If you find yourself facing a license suspension due to either refusing a test or providing an over-the-limit sample, you need to act quickly. One of the primary steps to take is to file an appeal within 30 days of your arrest. This appeal is a critical move that can potentially halt the suspension process and allow you to retain your driving privileges while your case is being reviewed.

Installing an Ignition Interlock Device

Another option to avoid a license suspension is to have an ignition interlock device installed on your vehicle. This device requires you to pass a breath test before your car can start. While this might seem like an inconvenience, it allows you to continue driving and fulfills the legal requirements set by the authorities. This step is particularly useful if you are contesting a refusal to provide a sample.

Legal Support and Consultation

Navigating the complexities of DUI laws and the potential for license suspension can be daunting. Seeking legal counsel is highly recommended. An experienced DUI attorney can provide guidance tailored to your specific situation, whether you need to file an appeal or consider installing an ignition interlock device. Legal experts can help you understand your rights and explore all available options to avoid or mitigate the impact of a license suspension after getting a DUI.

Conclusion

Whether you can avoid a license suspension after getting a DUI depends on the specifics of your arrest and the actions you take immediately following it. If you are convicted of a DUI, a license suspension is unavoidable. However, if you are arrested, there are measures you can take to challenge a suspension, such as filing an appeal or installing an ignition interlock device. Understanding these steps and seeking professional legal assistance can significantly influence the outcome and help you maintain your driving privileges. Contact Brett Willis Law today to discuss your case and explore your options.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.

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