Arrested for DUI? How long will your drivers license suspension last?
If you’ve been arrested for DUI, you are probably aware that there is probably a drivers license suspension in the works. When the police were doing their investigation, they should have read you a document called the “Warning to Motorist.” The purpose of the Warning to Motorist is to explain when and for how long you might be suspended.
The chart below offers some general information on suspensions for DUI. Obviously, it does not cover every situation (most notably, school bus drivers, and Commercial Driver’s License operators). As a general rule, though, there are three main factors that will affect your license:
Are you a first-time offender?
Being a first time offender for purposes of a DUI is actually different than being a first time offender for the drivers license suspension. It is possible to have a DUI on your background and still be considered a first time offender for purposes of the suspension.
Will the police say you did the blood/breath/chemical tests?
This will also be listed on the Warning to Motorist. If the police are saying that you refused or failed to complete the tests, your drivers license suspension may have been doubled when compared to if you did. Keep in mind that if you did the PBT (“Preliminary Breath Test”- the small, handheld one typically done by the police at the car, as opposed to one in the station with the “bigger” machine), that is not factored in as part of your drivers license suspension.
If you did the test, what were the results?
If you agreed to do, for example, a blood test, results may not be available immediately. If you do a breath test, though, you should know the results quickly. If the results of the tests return a B.A.C. (Blood Alcohol Content) of .08 or more, this will trigger a aggravated dui defense and a license suspension based on the DUI.
No matter how long it is for, it’s possible to fight the DUI Suspension. You or your lawyer can file a document called a “Petition to Rescind” asking the judge to order the Secretary of State to either un-suspend your license (if it has already started) or to not allow it to start. Call now to talk about your suspension or learn hot to file a petition to rescind.
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Matthew J. Haiduk
Criminal Defense and DUI Lawyer