Most drivers do not realize if they are arrested for OWI in Iowa there are administrative as well as Iowa DUI criminal penalties. Administrative penalties can be assessed against the driver by the Iowa Department of Transportation. To fight the administration license suspension drivers should request an administrative hearing within 10 days from the date of the drunk driving arrest.

Can I get a restricted license after a drunk driving arrest in Iowa?

Drivers who have not been convicted of drunk driving within the previous 12 years are considered first time offenders. If you are convicted of a first time OWI in Iowa and your license has not already been suspended by the Iowa Department of Transportation, the court can revoke your license for 180 days. Drivers who receive a deferred judgment will have their license revoked for 30 to 90 days.

Requirements for a Restricted License in Iowa:

Drivers arrested with a blood alcohol concentration (BAC) between 0.08% to .10% can apply for a temporary restricted license immediately without having to install an ignition interlock device. Drivers who caused bodily injury will have to wait for 30 days to get a restricted license, and they will have to install an ignition interlock device on their car. Drivers who refused a blood alcohol content test will have their license revoked for at least one year and will have to serve 90 days suspension before they can request a restricted license.

To request a temporary restricted license you need to complete Application for Temporary Restricted License after it has been reviewed and approved you must take it to a DOT driver’s license station where you may be required to:

• Pass all required examinations (vision, written and/or driving test)
• Pay any civil penalties
• File proof of financial responsibility
• Pay a $20 reinstatement fee
• If your Iowa driving privileges have been revoked for operating while intoxicated (OWI), you will have to complete all requirements of Iowa’s OWI law, including possible installation of an ignition interlock device.

Where can I drive on my Iowa restricted license?

According to the Iowa Department of Motor Vehicles you can do any of the following with a temporary restricted permit.

• Employment (work permit)
• Health care – for you or a dependent
• Child care
• Continuing education
• Substance abuse treatment
• Court-ordered community service
• Probation or parole officer appointments

Reinstating an Iowa Driver’s License after suspension

If your driver’s license has been revoked for any OWI offense under Iowa Code § 321J (whether as a result of a court order or administrative action), the license or privilege may not be reinstated until the person:

• Pays a $200 civil penalty.
• Presents proof of completion of a course for drinking drivers.
• Presents proof of completion of a substance abuse evaluation and treatment or rehabilitation services.
• Complies with financial responsibility law, if applicable

(Information provided by the Iowa Department of Motor Vehicles)

Related articles

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Unfortunately, many Nebraska drivers do not realize they may be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test to determine their blood alcohol content. Nebraska state drunk driving laws state that you (the driver) have given your implied consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content or your blood if you are arrested for drunk driving in the state of Nebraska.

When can a chemical test be requested?

A chemical test can be requested if a Nebraska law enforcement officer determines that they have reasonable grounds to believe that you are driving under the influence of drugs or alcohol.

A motorist does have the right to refuse to submit to a chemical test. In most cases; however, such refusal normally results in the suspension of the person’s driver’s license. The Nebraska license revocation generally begins 30 days from the date of your DUI arrest. A temporary driving permit is generally presented to you so you can drive for the next 30 days until your suspension begins.

Can I challenge the Nebraska Administrative License Suspension?

Generally, you can request an administrative license hearing within 10 days from the date of your drunk driving arrest. This hearing will allow you to challenge the proposed revocation of your Nebraska driver’s license. The hearing should be scheduled within 20 days from the date or your drunk driving arrest. Talk to a DUI lawyer immediately for the steps you can take to fight your administrative license suspension.

Nebraska Administrative License Suspension Process

If you do not win at your administrative hearing and it is proven that you failed or refused the chemical test your license will be revoked for 90 days for a chemical test failure and one year for a chemical test refusal (assuming this is your first drunk driving arrest). Offenders with elevated BAC above .15% face a license suspension of one year. First-time drunk driving offenders who failed the chemical test may apply for a restricted license after 30 days.

Keep in mind, the administrative penalties assessed after a Nebraska drunk driving arrest are separate and distinct from the additional drunk driving penalties you will be assessed if you are convicted of a Nebraska drunk driving charge.

Can I get a restricted work permit after Nebraska drunk driving arrest?

You may be able to apply for a work permit after you have had an administrative license revocation or suspension for drunk driving. If you are given a work permit it will allow you limited driving to and from work. An ignition interlock device to determine blood-alcohol content may be required for a work permit

New Law in 2012: Getting your Ignition Interlock Permit (IIP)

According to the Nebraska Department of Motor Vehicles, “As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead.”

To get the IIP permit you must be a resident of the state of Nebraska and you must have been issued a license. The next step is to submit the following to the Department of Motor Vehicles in Lincoln (the following steps are outlined on the Nebraska Department of Motor Vehicles website:

  Call the Department of Motor Vehicles at 402-471-3985 to verify eligibility for the Ignition Interlock Permit (IIP).

  Ignition Interlock Permit Application 2012 for arrest dates on 01/01/2012 or after

  Current certificate of installation showing an approved device has been installed for each vehicle driver will be operating (device cannot be installed on a Commercial Motor Vehicle)

  Surrender current driver license

  Meet all other applicable reinstatement requirements for any other withdrawal actions on the driving record

  Once the IIP has been authorized – you can go to any licensing station in Nebraska to get the IIP issued. Be prepared to furnish the Examiner with proof of birth date and identity and two (2) forms of proof of residence. Take the issuance certificate you get from the Examiner to the County Treasurer, pay the $47.50 fee and have the permit issued.

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According to the major provisions of the Driver License Compact the member states are untied together to enforce the laws of other states.

What are the major provisions of the Driver License Compact?

1. Drivers are required to surrender their out-of-state license when they apply for a new license in a new state.
2. Drivers have a completed driver’s license record which is kept in their state of residence to determine their driving privileges in that state and their privileges to operate their motorized vehicle in another state.
3. Participating states are required to report all traffic convictions, including license suspension/revocations of out-of-state drivers to their home state licensing agency.
4. Violations and penalties for drivers who reside in participating states will result in penalties that equal those which would have been imposed if the penalties were committed in their home state.

Arrested for drunk driving in another state, how does this affect my Pennsylvania Driver’s License?

Drivers who are arrested for operating a motorized vehicle in another state (which is part of the Driver License Compact) under the influence of drugs or alcohol to such a degree that makes it impossible for them to safely operate the vehicle (drunk driving) will have their Pennsylvania driver’s license suspended.

Other driving violations will also result in a license suspension including manslaughter or negligent homicide resulting from the operation of a motor vehicle, failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury, and any felony in the commission of a crime with a motorized vehicle.

How long will my driver’s license be suspended in Pennsylvania if I get DUI in another member state?

Drivers will have their driver’s licenses suspended for one year if the violation is the driver’s second drunk driving conviction. Drivers who have not had a previous drunk driving conviction (assuming the violation occurred after 2/1/2004) will not have their license suspended.

How does the process work after a drunk driving traffic violation?

Driver License Compact states have agreed to report suspensions to the home state (assuming the home state is a member of DLC) after the driver has been convicted of a serious traffic violation.

When the Pennsylvania Department of Transportation gets the notification they will send the driver an official notice of suspension including the first date the suspension. Drivers must then surrender their license to the Pennsylvania Department of Transportation.

The suspensions in both states generally do not start at exactly the same time, and drivers may continue to drive in Pennsylvania until they receive their notice of suspension.

Drivers who have questions about their right to drive in the state of Pennsylvania may contact them via their website or write to them at the following address:

PA Department of Transportation In-State Bureau of Driver Licensing
P.O. Box 68618 TDD In-State 1-800-228-0676
Harrisburg, PA 17106-8618

Telephone Number: 1-800-932-4600

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How long is the Florida Alcohol Education course?

The duration of the alcohol education course will depend on the requirements of your state and the whether the drunk driving offense was minor or severe. For instance, drivers who have been convicted of one drunk driving charge may only have to attend 12 hours of instruction; other offenders with multiple drunk driving charges may be required to attend weeks of class.

For Example, in the state of Florida they offer multiple levels of class instruction. Level I is 12 hours of instruction which educates the drunk driving offender on the effects and consequences of alcohol use, the affects of drinking and driving, the definition of drunk driving, the role of Florida law enforcement, the judiciary and the role of the Florida Department of Public Safety.

Level II classes include 21 hours of instruction. This level of instruction is geared more toward the multiple drunk driving offender who has already completed the alcohol and level I alcohol education course. The level II class focuses on specific issues of the drunk driving repeat offender.

Evaluation of the drunk driving offender

A drug and alcohol evaluation is also done as part of the Florida alcohol and education program. An evaluation will determine if you have a drug or alcohol abuse problem. For the evaluation the evaluator will use proven techniques to collect, analyze and interpret data provided by you, the client. After interpreting the data the evaluator may determine that you have additional needs for alcohol addiction treatment or counseling.

Costs of Florida Alcohol Education Classes

As mentioned above, state laws vary, classes vary and costs also will vary. In Florida the cost is $245 for the level I class (this includes the $15.00 state assessment fee, $5.00 testing fee, $9.00 online transaction fee and $14.00 Florida driving record).

Level II classes are $385.00 (this includes the $15.00 state assessment fee, $5.00 testing fee, $9.00 online transaction fee and $14.00 Florida driving record).

In Florida the classes are offered during the day, weekends and evenings. They are offered in Spanish and in English.

After you have completed the alcohol education course they will issue you a certificate of completion. Keep in mind, you should enroll in a class close to where you live, work or attend school.

 Can I pay for my Alcohol Education Courses in installment payments?

As mentioned above, the fees vary based on the level of the course. Some companies offering these education programs may be willing to either accept installment payments or offer reduced prices for very low income participants.

Hiring a Florida Drunk Driving Lawyer

If you have been arrested for drunk driving in Florida this is a very serious charge. Penalties are severe and can include a suspended license, mandatory alcohol education, fines, jail time and mandatory installation of an ignition interlock device. Contact a DUI lawyer for more information

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What traffic violations can result in a Georgia administrative license suspension?

According to the Georgia Department of Public Safety, your Georgia driver’s license can be suspended under an Administrative License Suspension for any of the following violations:

1. A conviction for driving under the influence of alcohol or drugs.
2. Vehicular homicide
3. Any felony in the commission of which a motor vehicle is used.
4. Using a motor vehicle in fleeing or attempting to elude an officer.
5. Fraudulent or fictitious use of, or application for a license.
6. Hit and run or leaving the scene of an accident.
7. Racing.
8. If you refuse to take a chemical test for intoxication, then your license will be suspended for 12 months.
9. Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15.
10. Conviction for driving without insurance is a 60/90-day suspension.
11. If convicted for driving while license is suspended, revoked or canceled, your driver’s license will be further suspended for six months.
12. If you fail to appear in court or respond to a citation, your license may be suspended indefinitely.
13. Your driver’s license will be suspended if you are convicted of possession, distribution, manufacture, cultivation, sale or transfer of a controlled substance or marijuana.
14. The Department is authorized to suspend your license if its records or other evidence shows that you have accumulated 15 points within 24 months under the point system, including violations committed out of state.

Can I get a hardship or limited license in Georgia after a drunk driving conviction?

Drivers who receive a first or second DUI conviction may apply for a limited driving permit. Limited permits will allow you to:

• Travel to and from work and perform your normal job duties.
• Travel to and from medical visits
• Attend college or another scheduled school
• Service your ignition interlock device
• Attend a court-ordered drug or alcohol treatment program

The Georgia Department of Public Safety has the authority to restrict travel times, travel routes and vehicles which can be used.

How do I reinstate my driver’s license after Georgia drunk driving conviction and Administrative License Suspension?

If you have been convicted of your second drunk driving charge you may be eligible for a limited driving permit only after you have completed your 12 months administrative license suspension and you have installed an ignition interlock device.

The ignition interlock device is only installed after you have given the department proof that you have taken and completed a court-ordered drug or alcohol education program. At the completion of this program they will install the ignition interlock device.

After you have used the limited driving permit and the ignition interlock device for six months, it may be possible to have your driver’s license reinstated.

Steps for a driver’s administrative license reinstatement after a drunk driving conviction

• Completion of the Drunk driving alcohol and Drug Use Risk Reduction Program (if required by the court)
• Payment of a $210 fee ($200 if processed in person)

Information below is also offered on the Georgia Department of Transportation Website:

Drivers can also contact the Department Of Driver Services 678-413-8400, or toll-free 866-754-3687 (inside Georgia but outside Metro Atlanta Area). Representatives are available Monday through Friday, 7:00 am until 5:15 pm to assist with reinstatement questions.

Drivers can also submit a letter requesting reinstatement requirements to: Georgia Department of Driver Services, Post Office Box 80447, Conyers, Ga. 30013. This request must contain your name as it appears on your driver’s license, license number, date of birth, correct mailing address, and your signature.

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After June 1, 2005, Texas laws were updated to comply with the Federal Motor Carrier Improvement Act. After this date, Texas drivers who are arrested for their first drunk driving charge, even if they are driving in a non-commercial vehicle, can expect to lose their CDL license for a minimum of one year.

Drivers who are arrested a second time for drunk driving in Texas will lose their CDL license for life, although the laws allow the driver to reapply after 10 years.

What if you are arrested for drunk driving in another state? Do not assume your Texas commercial driver’s license is safe. Most states have an agreement with Texas that they will report all DUI convictions to the state of Texas and you will have your CDL suspended.

Drunk Driving with a Commercial Driver’s License in Texas

Many drivers know that it is illegal to drive with a blood alcohol content of 0.08% or higher, but what if you are driving a commercial vehicle? Drivers who are driving a commercial motor vehicle can be arrested for drunk driving (operating a motorized vehicle under the influence of alcohol or drugs) in the state of Texas if their blood alcohol content is 0.04% or higher.

Conditions that you can lose your CDL License for one year

• Convicted of operating a commercial vehicle under the influence of alcohol or narcotics
• Refusing to submit to a blood alcohol content test
• The blood alcohol content test determines the driver had an alcohol level of 0.04% or higher
• The drivers blood alcohol content level was 0.08% or higher while operating a noncommercial motorized vehicle

If the driver is transporting a hazardous material when they are arrested for drunk driving the penalties will be for 3 years, instead of one (for first time DWI arrests).

Reinstating Commercial Driver’s License after Drunk Driving Conviction

Texas drivers may be able to reinstate their commercial driver’s license after the required suspension period. Contact the Texas Department of Public Safety for more information.

According to the Texas DPS Office, drivers must pay their reinstatement fees and review the reinstating license eligibility application for more information. Compliance documents (without fees) should be mailed, faxed, or e-mailed to:

Texas Department of Public Safety

Enforcement and Compliance Services
P.O. Box 4087
Austin TX 78773-0320

Fax: (512) 424-2848

E-mail: driver.improvement@dps.texas.gov. E-mailed documents must be in PDF format.

If mailing reinstatement documents, please allow 14 business days from receipt for processing. Please include a copy of the suspension notice along with your full name, date of birth, and driver license number.

If you cannot pay your fees online, compliance documents with fees should be mailed to:

Texas Department of Public Safety

Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999

Please submit a check or money order only. We do not accept cash. Make the check or money order payable to Texas DPS and include a copy of the suspension notice along with your full name, date of birth, and driver license number.

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When you are charged with a DUI in Illinois, your driver’s license will most likely undergo a statutory summary suspension for a period of time. During this suspension,  some defendants will be eligible for a temporary permit called an MDDP. Also known as a Monitoring Device Driving Permit, an MDDP gives the driver the ability to drive for any purpose as long as they follow the law.

What exactly is a MDDP and how much does it cost?

Illinois rewrote its drunk driving laws regarding driving permits in 2009. The old laws restricted your driving to work, school and doctor appointments with a temporary permit. Now, if you follow a few requirements, you can drive wherever you want.

First, you must have a breath alcohol interlock ignition device, or BAIID, installed on your car. Every time you start your vehicle, you must blow into this device that measures your blood alcohol content (BAC). While you are driving, the device will require you to blow into it occasionally to make certain a sober friend did not help you start the car.

The BAIID you install on your car is rented. There is an $80 installation fee and a monthly payment of $30 to the Secretary of State. There is also a $5-$15 device rental fee and an $80 de-installation fee when your suspension period is over.

All drivers, even those who qualify for an MDDP, must serve a 30 day period where they do not drive at all. Your MDDP will go into effect on the 31^st day of your summary suspension.

Who is eligible for a Monitoring Device Driving Permit?

Only first-time offenders, or those who have not been convicted of drunk driving within the last five years, are eligible for an MDDP. There are several other requirements: a valid driver’s license, must be at least 18, the driver has never been convicted of reckless homicide, and the driver did not cause serious injury or death for the current drunk driving charge.

How do I get an MDDP?

After your Illinois drunk driving arrest, the Secretary of State will mail you a document that tells you all about your summary suspension and information on getting your MDDP. If your summary suspension is upheld, the judge will ask you if you want the MDDP. If you say that you do, the judge will send the order to the Secretary of State who will send you all the information you need to get the MDDP.

Once you send the required fee to the State, they will send you the MDDP. Once you take delivery of it, you have 14 days to have the BAIID installed. If you fail to install it within the 14 day period, the Secretary of State will revoke the MDDP forever. If police catch you driving with a MDDP and no BAIID on your car, you will be taken to jail.

Can I lose my MDDP?

Yes, you can lose your Monitoring Device Driving Permit for the following reasons:

* Drive on a suspended license

* Try to run from police

* Flee the scene of an accident

* Involvement in street racing

* Reckless driving

* Drive a vehicle not equipped with a BAIID

* Attempt to ‘cheat’ the BAIID by having someone else blow into it

If your Monitoring Device Driving Permit is cancelled, you will have to serve out the rest of your drunk driving suspension and then apply for a Restricted License. The RL will only let you drive to work and/or school.

An experienced Illinois drunk driving attorney can help you obtain an Monitoring Device Driving Permit and can look at your entire drunk driving case and help you plan your best course of action

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There are a number of misconceptions about your rights when the police stop you for drunk driving and how probable cause relates to what steps an officer can take.  The intent of this article is to set the record straight on these commonly misunderstood points as they relate to Virginia.

Does an officer have to tell me why I was stopped?

Yes, when an officer pulls you over for a traffic violation, he needs to explain to you the reason he pulled you over.  There is a wide variety of what may be considered erratic driving behavior that can give a police officer probable cause to stop you.  Erratic driving behavior may include speeding, driving too slowly, failing to maintain your vehicle in your lane, tailgaiting, stopping suddenly, swerving, or other acts.

In addition, erratic driving behavior or your actions once an officer has pulled you over can give an officer probable cause to believe you are impaired or possibly have a blood alcohol content (BAC) above the legal limit.  In Virginia, the legal blood alcohol content limit is .02% for those under age 21, .04% for those driving a commercial vehicle, or .08% for all other drivers.

If you refuse to take a field sobriety test in Virginia, your license will be automatically suspended for one year for the first refusal and for three years for each future stop and refusal to submit to a sobriety test. Even if you do not have a blood alcohol content above the legal limit for Virginia, the officer can still consider you to be too impaired to safely operate a vehicle and can take you into custody.

Can an officer search my car without my permission or without a search warrant?

Yes, if an officer has probable cause to believe you were drunk driving, he has the right to search your entire vehicle, as there may be evidence in your vehicle to support that criminal activity has occurred.  The officer can perform this search without a search warrant.

Can an officer arrest me for Drunk Driving without reading me my rights or obtaining an arrest warrant?

Yes, an officer can arrest you for drunk driving without reading you your Miranda Rights.  Miranda Rights must be read only once you are in police custody and the police are questioning you to obtain evidence for use in convicting you of a crime.  However, if you openly admit information before you are in police custody, that information can be used as the basis for taking you into custody and can be presented in your trial, even though your Mirada Rights have not been read to you.

For example, if an officer pulls you over and says, “I stopped you because you were not staying in your lane.  Do you know why that was?” and you respond by saying, “It is probably because I had one too many drinks with dinner,” your words can be used to help establish that you were drunk driving.

In addition, the police do not need to formally obtain an Drunk Driving arrest warrant in order to take you into custody for driving while impaired.  If the officer observes erratic driving behavior and, upon stopping you, further behavior that gives them probable cause to believe you were drunk drivving, they will likely perform a field sobriety test.  A field sobriety test can include skill tests as well as a breathalyzer test.

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What is a Notice of Summary Suspension?

The police officer prepares the drunk driving arrest report and gives the driver a document called a Notice of Summary Suspension. The Notice of Summary Suspension report informs the driver that in 46 days, their license will be suspended by the Illinois Secretary of State.

The length of the license suspension ranges from 3 months to 3 years. The reverse side of the notice also explains that it is also a ‘Receipt to Drive.’ In other words, the driver can use the paper as a temporary permit for the 45 days between their drunk driving arrest and their license suspension.

Can I challenge the suspension of my license?

A statutory summary suspension is an administrative action taken by the Illinois Secretary of State. Therefore, it is separate from the criminal charges which may result from a drunk driving charge. If the driver wishes to fight the suspension, they must do so with the Court Clerk. A ‘Petition to Rescind Statutory Summary Suspension’ must be filed with the Clerk of the Circuit Court that has jurisdiction in the Illinois drunk driving case.

It is a good idea to file the Petition as soon as you can. The State must provide a trial within 30 days of the date that the Petition was filed or lose the petition. This violation of the time frame is seen to be a breach of the defendant’s Due Process.

While a defendant who is unable to afford a drunk driving attorney will be appointed a Public Defender to represent them in criminal court, Illinois law does not allow a Public Defender to take part in the administrative license suspension hearing.

Can I get a temporary permit to drive if my license is suspended?

Before 2009, an Illinois driver who has had his license suspended for drunk driving could ask the court for a Judicial Driving Permit. This permit, since January 2009, has been replaced by a ’monitoring device driving permit’ or MDDP.

The driver must wait the first 30 days of his suspension before he is eligible for a MDDP. This permit requires the driver to install an ignition interlock device. Drivers who wish to drive must periodically blow into the device (which measures breath alcohol) before the car will start. Instead of being able to drive only to work or school (which is generally allowed with a limited or hardship license), the MDDP allows the driver to carry on a normal routine as long as they follow the law.

How do I get an MDDP?

When you attend your hearing and the judge finds that your summary suspension is upheld, the judge will then ask you if you want an MDDP (if this is your first DUI in 5 years). If you say ’yes’, the Illinois Secretary of State will send you the required information including how much one costs. Once you pay the necessary fee, they will send you the MDDP and you have 14 days to install it.

If you are charged with a DUI in the state of Illinois, your best course of action is to talk with an experienced DUI attorney who can help you not only with your criminal drunk driving charge, but also with your administrative license suspension hearing. It is in your best interest to have someone at your side who knows all of the laws and can fight for you.

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Statutes of limitations for misdemeanors and felonies can vary by state. Many states allow the state to file misdemeanor charges up to a year after the offense. Talk to a drunk driving lawyer for more information about your state.

The question that should be asked, however, is not whether drunk driving charges can be filed, but whether or not the state gathered enough evidence at the time of the drunk driving accident to prove their drunk driving case.

What does the state have to prove for a drunk driving arrest?

To convict a driver a drunk driving the state must prove beyond a reasonable doubt that the driver either was operating or intending to operate a motorized vehicle (which was operable) while they were either under the influence of alcohol or drugs (including narcotic, hallucinogenic, or habit producing drug) or that their blood alcohol concentration was 0.08% or higher.

Obviously chemical testing is the most damning evidence. It generally provides objective, scientific evidence against the driver. If the state has gathered blood alcohol concentration information against the driver the drunk driving defense attorney may discredit the evidence if they can prove:

• The breathalyzer equipment was not inspected according to established procedures or it was not in proper working order and may have registered an inaccurate blood alcohol concentration level.
• The police officer did not properly perform the test which may have registered an inaccurate blood alcohol concentration reading.
• The police officer did not follow accepted procedures or failed to give the driver accurate information prior to administering the test.

What if the driver did not take a blood alcohol content test?

Obviously, the drunk driving case becomes much more difficult for the state to prove if the driver did not take a blood alcohol concentration test, but not impossible. Drunk driving evidence can also include witness testimony, physical evidence such as a field sobriety test, slurred speech, stumbling, blood shot eyes and other physical impairments.

What do I do if I have not been charged after my drunk driving arrest?

Some drivers are stopped for drunk driving and then have to wait weeks to find out from the district attorney whether or not they have been charged for drunk driving. Keep in mind, the D.A. has months to file  their drunk driving charges and if you took a urine or blood test the D.A. may simply be waiting for the results of the blood alcohol content test to be returned to them, which could take three months or longer, before they file charges again you.

The best thing to do if you have been arrested for drunk driving is to contact a drunk driving lawyer. There are immediate steps that must be taken to stop an administrative license suspension, regardless of whether or not the state decides to charge you with a crime. A drunk driving lawyer may provide a free consultation to review your DUI case and determine the next steps. If you are arrested for drunk driving, even a first time DUI arrest, you could be facing high fines, jail time, probation and a suspended driver’s license. State laws vary, review our state DUI pages for more information about the specific penalties you might face if convicted of a DUI in your state.

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