Your ability to drive is important. Without your license, you may not be able to fulfill all of your day-to-day personal and professional obligations. A drunk driving charge could put your driver’s license in serious jeopardy. You may be wondering: Will my driver’s license be suspended if I am arrested for a DUI?
The answer is likely in the affirmative. Most states will automatically suspend your license at the administrative level after a DUI arrest. If you are convicted of an offense, you are likely to face additional sanctions. That being said, you are not necessarily out of options. A DUI defense lawyer can help you take some actions on your license suspension, but there are a number of other requirements, which vary by state, that may not be addressed by your defense lawyer alone.
What to Know About Administrative License Suspension
In the majority of U.S. states, your license can be suspended after a DUI arrest—before you ever get your day in court. This process is known as an “administrative license revocation” or an “administrative license suspension”—and it comes as a surprise to many people. That said, as of 2021,the Governors Highway Safety Association (GHSA) indicates that 42 of all 50 U.S. states have an administrative license revocation/suspension law on the books.
States currently without such a law are:
- Rhode Island
- New Jersey
- North Dakota
DUI Arrests and Administrative Suspensions: Know Your Rights
Even though an administrative license suspension/revocation for a DUI/DWI can go into effect before you get your day in court, you still have due process rights. You may be able to take action to stop your license from being suspended at the administrative level. How exactly this works varies from state-to-state. A DUI defense lawyer who is familiar with your state’s laws can help.
As an example, consider the administrative license suspension laws in Arizona. Under Arizona law, drivers have 15 days to take action to challenge an administrative license suspension through the Motor Vehicle Department (MVD) after an arrest for a DUI. To challenge the suspension, which is typically 90 days but could be up to as much as 12 months depending on the facts and circumstances, they must request a MVD Hearing. If successful on review, a driver may be able to save their license while the criminal case is adjudicated.
DUI Convictions and License Suspension
Of course, the administrative suspension/revocation of a driver’s license is not the only way a motorist could lose their ability to drive because of a DUI/DWI. If you are convicted of the offense, your license is likely to be suspended or revoked—potentially for a significant period of time.
If you want to save your license (or limit the amount of time you lose your driving privileges), it is imperative that you consult with a drunk driving defense lawyer as soon as possible after an arrest. Do not plead guilty but speak to a qualified DUI/DWI defense attorney first. Pleading guilty from the outset could cost you your license.
A Last Option: Some Drivers May Qualify for a Temporary, Restricted Hardship License
Depending on the state, some drivers who are set to lose their license due to a DUI/DWI offense can preserve (some) of their driving privileges with a temporary hardship license. In general, these are restricted licenses that some state motor vehicle departments grant to drivers to allow them to operate a motor vehicle for limited purposes while their license is otherwise suspended or revoked. For example, a driver who qualifies for a restricted hardship license may be permitted to drive to work and/or to drive their kids to school.
A DUI Defense Lawyer Can Assist with your License, but won’t offer a one-stop-shop like Restorify for your DUI needs
Were you arrested for drunk driving? You need a strong legal advocate on your side, plus additional support addressing other aspects of your case and helping you get back on the road. . Contact Restorify by DUI.org today for a free, fully confidential initial consultation. We will find you a top-rated DUI defense lawyer who will take action to save your license, plus, provide dedicated support from the Restorify team to help restore your driving privileges as soon as possible by addressing all the relevant requirements for your case.
We vet all our DUI attorneys to save you time and money. After which, we provide step-by-step instructions to guide your journey and get you back on the road. That way, you can spend more of your own resources on getting your life back after it’s been disrupted by a DUI/DWI arrest.