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Drivers License Suspension / Drivers License Revocation
If you are accused of drinking and driving
and either refuse to take a breath, blood, or urine test,
or you take the test and your result is over the state's legal
limit, your drivers license can be IMMEDIATELY suspended or
revoked.
Some states call this taking a SUSPENSION,
while others call it a REVOCATION. Formally it can be called
an "administrative license suspension" or "administrative
license revocation" (ALS or ALR for short). For all
practical purposes, the legal effect is about the same all
over the United States.
This administrative punishment for taking
the test and rendering a test score over the state’s
legal limit was designed to be IN ADDITION TO all the punishments
that traditionally follow a DUI / DWI criminal conviction
(such as license suspension, jail time, probation, community
service hours, possible ignition interlock, alcohol and
drug rehabilitation, etc).
This means that a DUI / DWI arrest triggers
not only a CRIMINAL case, but also triggers and ADMINISTRATIVE
case against the driver.
In the late 1980’s and early 1990’s
legal challenges were mounted by defense attorneys across
America arguing that this was DOUBLE punishment for a single
offense. Courts around the USA brushed aside these challenges,
holding that driving is not a RIGHT, but a PRIVILEGE. Therefore,
the state that issues a license can determine the rules
by which the license can be taken away from drivers in that
state.
When an attorney undertakes to represent
a person accused of drunk driving, the administrative hearing
can be a very important step in the overall effort to “win”
your case. The statutes that set up these “license
snatch” laws also have very short time periods in
which to appeal the drivers license suspension or drivers
license revocation. The time can be as short as 5 days to
as long as 30 days after the arrest. Typically, once this
“appeal period” has expired, you cannot get
a hearing at all. Your license suspension / revocation must
run its course, and you may be burdened with many time consuming
and costly steps to reestablish driving privileges.
Your best advice: contact
a lawyer who practices in this field immediately
if you have been arrested for DUI / DWI.
Each state also determines if and when ANY
type of limited work permit can be obtained for a driver
whose license has been suspended or revoked. The rules may
change for REPEAT offenders, who are routinely denied ALL
driving privileges if a second or subsequent arrest and
illegal BAC level (blood alcohol concentration) is obtained.
You should consult with a knowledgeable
attorney who specializes in this type of practice, to be
able to determine what you should do if ever confronted
by an officer who suspects that you are a drunk or drugged
driver. Several states have now approved FORCIBLE taking
of blood or urine, so refusals no longer exist in a handful
of states. In these states, only ALS or ALR penalties are
at issue, not “refusal”, suspensions or revocations.
Because your right to drive may hang in
the balance, getting to a top-notch trial attorney may be
the difference between driving and not driving. Undoubtedly,
a mere arrest for DUI / DWI carries immediate punishment
in the form of suspension or termination of your normal
driving privileges. For CDL / commercial drivers and people
who must travel and rent cars at their destination, this
is a disaster. Trying to win back the driver’s license
is a major step in the “life” of a DUI / DWI
case. Give your attorney as much advance notice as possible
to try to win this important hearing.
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