When will I get a lifetime license suspension?
Driving is a privilege, not a right. If you violate state traffic laws or if you are arrested for multiple drunk driving convictions you may eventually face a lifetime license suspension.
Tag Archives: Driver’s license
Drivers license can I get it back early after a DUI
When can I have my license reinstated?
Operating a motorized vehicle with a blood alcohol concentration above 0.8% or higher is illegal in every state. Recently on our DUI forum we had a driver ask, “If I have been arrested for DUI and lost my driver’s license is there a way to get my drivers license back early?”
Administrative License Suspension- Connecticut
Why did I lose my license after Connecticut DUI arrest?
Connecticut drivers, under Connecticut Implied Consent Laws, have given their consent to submit to a blood, breath or urine test if asked to so by a law enforcement officers.
If you refuse a chemical test, under Connecticut’s Implied Consent laws, you can have your driver’s license revoked for a period of six months for the first refusal, one year for the second refusal and 3 years for the third offense.
Drivers who consent to the blood alcohol concentration test (BAC) but who fail the test with a blood alcohol concentration of 0.08% or higher will have their license suspended for 90 days for a first offense, 9 months for a second offense and 2 years for a third offense. If you are less than 21 years of age and your blood alcohol concentration is 0.02% or higher you will also face the same administrative penalties as listed above for drivers above the age of 21.
What if your BAC is very high? The administrative penalties are even more severe. Drivers who have a blood alcohol concentration of 0.16% or higher will have their license suspended for 120 days for a first offense, 10 months for a second offense and 2.5 years for a third offense.
Keep in mind, these DUI administrative penalties will be imposed even if you are found not guilty of drunk driving.
What happens to my driver’s license after a Connecticut DUI arrest?
Drivers who are arrested for DUI and who either refuse to submit to the chemical test or submit but have a BAC above the legal limit will face an administrative license suspension effective 12:01 a.m. on the thirty-first day following the date of the Connecticut DUI arrest. A Notice of Suspension will be mailed to the driver’s address.
Drivers have a right to request a hearing to challenge the administrative suspension within seven days from the date of the DUI arrest. Requests can be made by contacting the Administrative Per Se Unit directly at 860-263-5204. That Unit can be contacted between 8:30 a.m. to 4:30 p.m. Monday through Friday.
Restoring my Connecticut license after an Administrative Suspension
Drivers who do not successfully challenge the administrative suspension or who do not make a challenge will have their license suspended. The DMV should send you a letter detailing how to restore your license. Restoration will require a payment of $125.00 paid to the Connecticut Department of Motor Vehicles.
Payments must be made to:
Connecticut Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-2525
Oddly, the DMV states that they do not accept payment in person at any of their DMV offices so payments must be made via mail. For more information about your Connecticut license suspension or restoration information you can also call the DMV at 860-263-5720.
Keep in mind if you are convicted of DUI you also might face additional licensing suspension penalties. In this case you would have to follow a similar procedure to reinstate your license after a DUI conviction.
Hiring a DUI lawyer
If you have been arrested for DUI in Connecticut and wish to challenge your Administrative License suspension a DUI lawyer can help.
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DWI in Texas – Can I get an Arkansas Driver’s License?
It is illegal in every state to operate a motorized vehicle if your blood alcohol content level or BAC is above the legal limit of 0.08% or higher. This is considered a per se violation. It is also illegal to operate a motorized vehicle with any amount of alcohol in your system if you are unable to safely do so.
The State of Texas most frequently uses the term driving while intoxicated or DWI but this charge will be a similar to DUI or driving under the influence which is used in other states.
Recently on our forum we had a driver ask if they could get a driver’s license in Arkansas if their Texas license had been suspended. To understand this question it is important to understand the Interstate Driver’s License Compact.
How will the Interstate Driver’s License Compact affect your right in another state after a Texas DWI?
The Interstate Driver’s License Compact is an agreement between 45 member states to share information about certain traffic violations back to the home state of the driver who was arrested. There are currently five states that are not members of the Interstate License Compact and they are: Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.
So if you have been arrested for driving while intoxicated in Texas and you have had your license suspended through an administrative license suspension or if you are ultimately convicted of DWI, this information will be reported to the state of Arkansas and you will not be allowed to go and apply for a driver’s license in that state.
Information on the Arkansas Department of Finance and Administration website confirms that if your license has been suspended by another state you will need to “contact the state where you are suspended and ask them what you will need to provide them to have the situation resolved.” This is an indication that the Arkansas Department of Finance and Administration will not issue you a license to drive if your license has been suspended in the state of Texas.
Penalties for DWI in Texas
If you are arrested for DWI in Texas this will potentially initiate not only a civil case against you by the Texas Department of Motor Vehicles but also a criminal case against you by the state’s prosecuting attorney.
An administrative license suspension will be initiated if you either refuse to take a chemical test or if you take the test and fail with a blood alcohol content which is more than 0.08% or higher. Blood alcohol content refusals will result in an 180 license suspension and BAC test failures will result in a 90 day suspension.
Drivers who are convicted of DWI may also have their license suspended for 90 days to one year. The court may be willing to grant a work permit, and if the driver has their license already suspended due to the administrative license suspension these penalties will run concurrently.
As mentioned above, these license suspensions will have to expire prior to requesting a driver’s license in the state of Arkansas.
North Carolina – Driving on a Suspended License
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North Carolina- What is DWI?
Drivers operating a motorized vehicle in the state of North Carolina may be arrested for driving while intoxicated or DWI if they are operating the vehicle on a highway or street and they are either under the influence of drugs or alcohol and unable to safely operate their vehicle. Drivers can also be charged with DWI if they have a blood alcohol content level of 0.08% or higher or they have any amount of a schedule I controlled substance in their urine or blood.
Arrested for driving with a suspended license in North Carolina
North Carolina drivers may have their license revoked or suspended for a variety of reasons. For instance, a license may be suspended if you are convicted of DUI in North Carolina, you have accumulated too many points against your driver’s license, or you have a combination of speeding or aggressive driving violations. Revocations can also occur if you commit a felony violation with your vehicle, you are charged with manslaughter, or you flee after a car accident. Drivers who fail to make court appearances or pay their traffic fines may also have their North Carolina license revoked.
Reinstating your North Carolina driver’s license after a DUI suspension
It will not be possible to renew your driver’s license until the license suspension period has been completed. The process to renew a license varies by state. and the suspension period will vary for drivers.
For instance, some drivers who have failed a chemical test during DUI stop may have their license suspended for 60 days. Drivers who refuse to submit to a chemical test will have their license suspended for one year. These are administrative penalties enforced by the North Carolina Department of Motor Vehicles and are separate penalties from criminal charges which may be filed after a driver is convicted of DUI. Drivers convicted of a first time DUI may also have their license suspended for 60 days to one year.
After your license suspension period has ended you must complete the requirements to have your North Carolina license reinstated. This will include a $100 reinstatement fee if your license was suspended or revoked for DUI.
Unfortunately, according to the North Carolina Department of Motor Vehicles website the reinstatement for a DUI cannot be completed online so you will have to contact the DMV for all questions. They can be contacted during normal business hours (Mon-Fri, 8am-5pm) at 919.715.7000.
Arrested for driving on a suspended license in North Carolina
According to N.C. Gen. Stat. 20-28., drivers who are driving on a revoked or suspended license can be charged with a Class 1 Misdemeanor charge. What does that mean? The courts will have the discretion to determine your jail sentence and fines but drivers with zero to four prior convictions may face one to 45 days in a North Carolina jail. Drivers who have five or more prior convictions face up to 120 days in jail. Drivers may also have their car impounded and have their North Carolina license revocation period extended for years. Keep in mind, if you are on probation for DWI while you are charged with driving while your license is revoked this will be considered a parole violation and you will face a probation hearing.
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- DWI for Drug Use in North Carolina (duiattorneyhome.com)
Hawaii – Administrative License Suspension after DUI
Hawaii drivers who are arrested for drunk driving and have a BAC of 0.08% or higher or who refuse to take a blood, breath or urine test will have their license suspended. The arresting officer will confiscate their license and give them a Notice of Suspension/Revocation. This notice will serve as the driver’s temporary driving permit for 30 days, assuming that the driver’s license was not previously revoked or suspended.
Hawaii drivers are allowed to request an Administrative License review from the Administrative Driver’s License Revocation Office within 3 days of their DUI arrest. Drivers who are arrested for DUI due to drug use have 17 days from the DUI arrest to submit their request for an administrative review
What type of review is done by the Hawaiian Administrative Driver’s License Revocation Office?
The Hawaii process is a bit different than many states. First, the Administrative Driver’s License Revocation Office will review your request for a review and either decide to reinstate your Hawaii license or uphold the license suspension. The notification of their decision is generally made within eight days from the date or your DUI arrest or within 21 days of a DUI drug arrest.
So what if the Administrative License Revocation Office rules in your favor? They will send your license back to you and you will not face any administrative penalties, although this is not the end of the DUI. You may still face severe drunk driving penalties and drunk driving fines if you are charged and criminally convicted of a Hawaii DUI.
If the Administrative Driver’s License Revocation Office does not overturn the revocation you can appeal their decision by requesting an administrative hearing. This hearing is done in person and must be conducted within 25 days from the date of the DUI arrest (for alcohol related offenses) and within 39 days from a DUI arrested for drug use.
What are the penalties for refusing a chemical test for DUI in Hawaii?
Drivers must be notified at the time of the DUI arrest in Hawaii that they do have the right to refuse a blood alcohol chemical test but the office must detail the penalties of the refusal.
Drivers must be notified that their Hawaii license may be revoked for 12 months for refusing a chemical test if this is their first DUI and at least two years if this is their second DUI blood alcohol test refusal within five years. Keep in mind, two years is the minimum and it could be longer depending on other factors of the Hawaii DUI arrest.
Can I get a Conditional License during the Hawaii DUI license revocation?
At the in-person hearing the director may decide to grant you a hardship or conditional license after a 30 day period. Another option is to require you to install an ignition interlock device. A conditional license only allows you to drive to work.
Hawaii restricted licensing rules are pretty stringent and you may have to prove that you either have to drive as a requirement of your job or that you do not have other means to get to work such as public transportation. Drivers may have to have their employee issue a statement that driving is necessary for their employment, and drivers will have to also purchase SR22 insurance.
If you have been arrested for DUI in Hawaii, contact a DUI lawyer who can discuss both your administrative license suspension and your potential DUI license suspension if you are convicted of DUI.
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Texas DUI and Expungement
Drivers arrested for drunk driving or DWI in Texas may find after they have been convicted of drunk driving that there are long-term consequences that they were not expecting. A driver asked on our DWI forum recently if they could get their Texas DWI Class B Misdemeanor conviction expunged from their driving record. This is a common question and a consideration that many drivers have after they have paid their drunk driving fines, served their time in jail or probation and are ready to move on with their lives.
Texas Department of Criminal Justice (Photo credit: Wikipedia)
What does expungement do?
Whether you are applying for a new job or purchasing a fire arm it is not unusual for a back ground check to be done. If you have a DWI conviction many times this must be disclosed on certain types of documents or applications, eliminating your chance of working in certain professions. Additionally, a DWI can also be a public embarrassment.
What happens if your record is expunged? It may allow you to avoid listing the DWI and eliminate the stigma of a DWI on your record. For instance, if your DWI was expunged you do not have to admit you have been arrested or charged for DUI or provide details of the Texas DWI, only that your record has been expunged (this includes the right to refuse to answer questions at a criminal proceeding).
Additionally, not only do you no longer have to disclose the arrest on a job or education application, you also will have the right to hold office, own a gun and vote.
Expunging a Texas DWI conviction from your driving record
Texas DWI law does not allow all types of convictions to be expunged (for more information review Tex. Code Crim. Proc. § 55.01.).
When is expungement allowed after a Texas DUI?
- If the driver was arrested and acquitted.
- If the driver was arrested and convicted but later pardoned.
- If the driver was arrested for DWI but subsequently released and not convicted
- If the driver was arrested, tried and convicted of a Texas DWI but was later acquitted by the court of criminal appeals.
What is the expungement process?
Many drivers who are requesting an expungement will want to talk to a DUI lawyer. Otherwise the driver should refer to Tex. Code Crim. Proc. § 55.02 for more information about the procedures to complete the expungement process.
To request an expungement after your acquittal you must submit a petition for expungement along with the court’s order. The court will need additional personal information from you including your age, name, sex, rate, and driver’s license number.
The petition should also detail the charges against the you, the date the offense occurred, when the you were arrested, the county where the arrest occurred, the case number, the court of the offense and the list of law enforcement agencies who may have criminal records which need to be reviewed.
Options if you have been convicted of DWI in Texas
If you have been convicted of DWI in Texas, as mentioned above, expungement is not an option unless you are pardoned or the verdict is overturned by the court of criminal appeals.
What can you do? You may the right to seal your criminal record. Unfortunately, sealing your record will not eliminate many non criminal justice agencies from reviewing your record. Groups that will still have access to your criminal record can include the State Board for Educator Certification, the Texas Medical Board, the Board of Law Examiners, the State Bar of Texas and many more.
Related articles
- Texas drunk driving – First steps after drunk driving arrest (duiattorneyhome.com)
- Drunk Driving in Texas – Minors with a low Blood Alcohol Concentration (BAC) (duiattorneyhome.com)
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DUI Court Appearance – Helpful Hints
If your court appearance for your DUI is approaching, you are probably a little nervous and unsure of what to expect. Here are a few tips to help you put your best foot forward:
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Be on time
You will be required to go through security, and depending on the line, this could be a quick process or take a little extra time. You are not allowed to bring any types of weapons (including pepper spray), cameras, liquids, powders or markers, into the courtroom so be sure to leave these behind.
Leave your house with plenty of time in case there is traffic. Leave plenty of time for parking and finding the courtroom.
It is a good idea to arrive at least 20 minutes early so you can guard against any impediments that arise and so you will have time to speak with your attorney before your case.
If you are late, you stand the risk of aggravating the judge, delaying or even re-scheduling your case and increasing your attorney fees.
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Make a good first impression
The way you dress and act does make a difference. You should wear a clean, nice outfit. Something you may wear to church on Sunday morning. Coming to court in shorts, wrinkled shirts, or suggestive clothing sends the message that you do not care and will not be willing to change your behavior. Some other things to avoid wearing can include jeans, expensive jewelry, shaggy facial hair, crazy hairdos, flip flops, body piercing (other than ears), hats and t-shirts.
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Conform your behavior in court
There are certain things that are frowned upon in DUI court proceedings. For example, there is no talking in the courtroom while the judge is on the bench. Here are a few other things to remember:
- Don’t speak directly with the Prosecutor. Rely on your attorney to communicate and deal with the Prosecutor on your behalf.
- Do not bring any food or drinks into the courtroom.
- Do not chew gum.
- Avoid negative reactions during the proceedings. This may apply more to the actual trial. Do not think that you can communicate your displeasure or disagreement to the judge or jury through your body language. Loud sighs, exaggerated eye rolls or staring at anyone other than the judge does not convey innocence; it only shows a lack of self-control. Your attorney will object if it is appropriate.
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Do not leave without consulting with your DUI attorney.
You may think that you have 3 minutes to run to the bathroom, but ask your attorney first so he knows where you are at all times. When your hearing is over, don’t leave until you have a conversation with your DUI attorney. He will tell you what your next step should be and if you have future court dates scheduled.
A good DUI attorney can make all the difference in a successful challenge to your DUI.
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Indiana DUI – Will I lose my license?
One of the main concerns for Indiana drivers who are arrested for drunk driving is whether or not they will lose their drivers license. What most drivers do not realize is that they can have their license suspended even if they are not ultimately convicted of DUI.
Drivers in their state a Indiana have given their implied consent to submit to a chemical test if they have been arrested for DUI. Under Indiana’s Implied consent laws if you refuse the test or if you take the blood alcohol content test and your BAC is above the legal limit of 0.08% or higher than you license can be suspended by the Indiana Bureau of Motor Vehicles.
What do I do after a DUI arrest?
If your license was confiscated by the arresting officer and you have been issued a temporary license you have 10 days from the date of your arrest to schedule an administrative hearing.
If you lose at the hearing or you fail to schedule the hearing and challenge the per se violation you will have your driver’s license suspended for 180 days for a chemical test failure and one year if you refuse to submit to the blood alcohol content test.
What will happen at the Administrative Hearing?
The administrative hearing will not determine whether or not you are guilty of drunk driving. All the court will decide is 1) if the arresting officer followed the proper procedures during the drunk driving arrest; 2) if you submitted to a chemical test; and 3) whether the Indiana officer explained the additional penalties for refusing to submit to the blood alcohol content test. The court will also evaluate whether or not your BAC was above the legal limit.
What if the court rules in your favor? The court will return your license to you. If the court does not rule in your favor your license suspension will start and you will be eligible to apply for a hardship license after 30 days. If you did not submit to the chemical test then you will not be eligible to request a hardship license. Commercial drivers are not eligible for a hardship license during the administrative suspension period.
Criminal penalties for Indiana DUI
Unfortunately, even if you do not have your license administratively suspended there might be a chance that you could still be found guilty of drunk driving. For instance, if your blood alcohol content test reveals that your blood alcohol concentration was 0.07% and the state decides to pursue charges against you, if you are convicted of DUI you may be still face DUI criminal penalties.
The good news is that if your blood alcohol content level was not too high the DUI charge will be a misdemeanor. Charges for drunk driving in Indiana include 5 days in jail or potential community service, fines of less than $500, license suspension of 180 days (except in cases of refusal), completion of an alcohol education course and purchase of SR-22 insurance.
Commercial Drivers license in Indiana
What if you have a commercial driver’s license? If you are convicted of operating your commercial vehicle and your blood alcohol concentration is above 0.04% or higher, you refuse to take the blood alcohol content test or you are convicted of driving while under the influence of alcohol or a controlled substance your CDL will be suspended for a minimum of one year.
Related articles
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Indiana – Commercial Drivers and Drunk Driving
Commercial drivers in the state of Indiana can be charged with drunk driving if they are driving with a blood alcohol content level of 0.04%. The illegal limit for a commercial driver is less than the legal limit for a non-commercial driver which is 0.08%.
One of the main concerns if you have been arrested for drunk driving and you are commercial driver is whether or not you will be issued a provisional license which will allow you to continue to operate your commercial vehicle. Unfortunately, if your driver’s license has been suspended, revoked or cancelled through an administrative license suspension and your drunk driving case is pending the state of Indiana will not issue you a provisional commercial license.
Higher penalties for commercial drivers were instituted through the Carrier Safety Improvement Act, which the state of Indiana follows. Failure to comply with this act may cause the state of Indiana to lose their ability to issue commercial licenses to commercial drivers.
Who has to have a commercial driver’s license?
Commercial vehicles in the state of Indiana include any vehicle which has a gross weight of more than 26,000, a trailer which has a gross weight of more than 10,000 pounds or a vehicle that transports more than 16 people. Drivers who are carrying hazardous materials must also have a commercial driver’s license.
Indiana state laws regarding commercial driver’s licenses are very strict because the state recognizes the increased need for safety and the need for drivers to follow very specific rules and procedures if they are operating a commercial vehicle.
Penalties for drunk driving in Indiana
Commercial drivers in the state of Indiana have given their implied consent to submit to a blood alcohol content test if asked to do so by a law enforcement officer. Failure to take the blood alcohol content test or taking the blood alcohol content test and having a blood alcohol concentration above the illegal limit of 0.04% will result in a one year license suspension. Drivers can also lose their license if they are convicted of operating a commercial vehicle while they are under the influence of alcohol or drugs.
Additionally, drivers who are carrying hazardous materials face even higher suspensions. Currently, drivers can have their driver’s license suspended for three years.
What if you are arrested a second time for drunk driving? You will have your license suspended for life.
Hiring a DUI lawyer in Indiana
Many commercial drivers are concerned that they will lose their commercial driver’s license after a drunk driving arrest. This is a valid concern. First, the driver must address the administrative license suspension that may result from the DUI arrest and then the potential DUI criminal penalties and fines they may face if they are convicted of drunk driving.
Challenging the administrative license suspension must be done within 10 days from the DUI arrest. Although these challenges are hard to win it may be worth discussing your DUI arrest with an Indiana DUI lawyer for more information.
Related articles
- Second DUI – will I go to jail? (duiattorneyhome.com)
- Drunk Driving in Texas and Commercial Driver’s License Penalties (duiattorneyhome.com)
- Drunk driving – Administrative License Suspension after a DUI (duiattorneyhome.com)
