A DUI (Driving under the Influence) charge can come with serious consequences aside from possible jail time, probation, and heavy fines.
The courts will suspend the driver's license for a certain period of time, which can vary based on prior DUI history and the severity of the charge.
This time period can range anywhere from a few months to a few years, depending on the state's Administrative Suspension Laws.
After an arrest for DUI, the driver often experiences anxiety or fear over the charge's immediate ramifications.
However, the license revocation can have a great impact on the driver's lifestyle and that of any dependent family members.
This includes prevention of commuting to places of employment, schools, and even important activities such as banking or shopping for necessities.
For these individuals, retaining the ability to drive with a license is vital.
Fortunately, the legal system has created recourse for individuals with need to keep their licenses.
Unfortunately, the driver only has a set amount of days in which to request an Administrative License Revocation or Suspense Hearing and pay a filing fee.
This is a hearing that must be requested in order for the courts to consider allowing the individuals to keep their license, though it is entirely optional.
Certain states will impose separate automatic suspension penalties if the driver fails to request a hearing.
This may include a set suspension time if the driver failed a breathalyzer test or another one if the driver refused to take the breathalyzer test entirely.
Additionally, the state may allow the driver to obtain a Hardship License (or Occupational License) on a very temporary basis until the outcome of the administrative hearing.
This license may also be requested after a failed administrative hearing, but only after the initial suspension period.
Keep in mind that the administrative hearing is separate from the later criminal trial for the DUI charge itself.
However, evidence and testimony given during the administrative license hearing may be used in the criminal trial.
This can work either for or against the driver's favor.
It is also important to note that the license may still be revoked if the driver is found guilty during the criminal trial.
During the administrative license hearing innocence and guilt are not discussed.
Instead, the hearing may address the results of any blood, breath, or urine tests.
The lawfulness of the arrest will also be examined.
Law enforcement officers in certain states are required to provide warning that failure to take a blood, breath, or urine test can result in an automatic license suspension.
If the arresting officer did not provide this warning, it may also be an issue used to the driver's benefit.
Many men and women who have been charged with DUI find it in their best interests to request an administrative license hearing with the assistance of DUI attorney.
Attorneys can play an important role as the driver fights to retain their license.
Their services can help establish if the arrest was illegal, plausible reasons as to why the driver appeared intoxicated, potential oversight or inaccuracy during blood-alcohol testing, and more.
They can also help submit the request for a hearing, schedule hearings, and subpoena witnesses (including law enforcement officers) to question during the hearing.
Remember, the administrative license hearing can be used to the driver's benefit.
Entering the hearing prepared and with the help of an experienced DUI attorney can be a great asset during the later criminal trial.
It gives the attorney the rare opportunity to examine evidence before the criminal trial and examine witnesses who have not been coached by the prosecution.
With so much at stake, it is in the best interests of the driver to use every tool to their advantage.
This includes filing for an administrative license hearing and retaining the services of a DUI attorney in their area who has proven competent in these specific situations.