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Drunk Driving and Pennsylvania’s Drivers License Compact

Forty-six states have united together through the Driver License Compact (DLC) agreement. This agreement is an effort by participating states to maximize their law enforcements efforts. Pennsylvania became a member of the Driver License Compact  in 1996 (Pennsylvania law as Act 1996-No. 149 on December 10, 1996).

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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Florida Alcohol Education Courses

In addition to other drunk driving penalties you might face if you are convicted of drunk driving in Florida, Florida courts will also require you to complete a court-ordered drunk driving course. Completion of the course may allow you to have your driver’s license reinstated, reduce the amount of points added to your driver’s license or lower the drunk driving penalties you might otherwise face.

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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Filed under: DUI Penalties and Fines by State — Tags: , , — Beth Losure @ 9:56 am




Georgia Administrative License Suspension

The State of Georgia considers driving a privilege. A suspension of your driver’s license can allow the State of Georgia to withdraw your ability to driver for a specified time period. After the suspension is complete and you have completed the requirements of reinstatement, you may apply to have your Georgia driver’s license reinstated.

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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Drunk Driving in Texas and Commercial Driver’s License Penalties

If you are a commercial driver your license is very important to maintaining your livelihood, maintaining employment and supporting your family. What you may not realize is the state of Texas substantially increased the penalties for drunk driving with a commercial driver’s license beginning in June of 2005.

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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Virginia Drunk Driving Arrest Misconceptions

Common Misconceptions at Drunk Driving Stop

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.

Related articles

 



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Filed under: DUI Penalties and Fines by State — Tags: , , , — Beth Losure @ 7:50 am




Drunk driving – How long does the prosecutor have to charge me?

A recent question on our forum ask if the state could charge a driver for drunk driving eight months after the drunk driving accident occurred. The statute of limitations, which is determined by each state’s legislature, is the amount of time the state or prosecutor has to initiate a criminal case against the driver. If the state does not file the charges within the prescribed statute of limitations, the state is usually not allowed to do so in the future.

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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California Minors and drunk driving

California Minors arrested for Drunk Driving

 

Recently states have implemented more severe drunk driving laws for minors. Although in many states a driver may be able to legally operate a motorized vehicle with a blood alcohol concentration up to 0.08%, underage drivers or minors in the state of California are unable to legally driver if the blood alcohol content level is 0.01%.

These laws are called “zero tolerance” laws and it means that if a minor consumes as little as one beer or one class of wine, the driver can face a one year license suspension by the California Department of Motorized Vehicles (or a one delay in getting their driver’s license). Minors who refuse to the blood alcohol content test at the time of their arrest may face additional penalties such as a driver’s license suspension of one to three years. Although this is not considered a criminal offense, this civil offense is illegal under California Vehicle Code 23136.

At the time of the California DUI arrest, the California driver’s license is confiscated by the police officer, and the driver has a 10 days to request an Administrative Hearing. At the Administrative hearing the minor has the option to hire a drunk driving attorney to represent them. Minors may also have witnesses attend the hearing, testify on their own behalf and cross-examine witnesses for the state.

Minor Drivers in California with Blood Alcohol Content of 0.05% to 0.08%

 

Minor drivers arrested with a blood alcohol content level of 0.05% or higher face a misdemeanor drunk driving charge. Penalties become increasingly severe with every subsequent drunk driving arrest. For a first arrest the driver faces the following drunk driving penalties:

  1. Fines and penalties of $100

Plus the following civil penalties (for violating California’s zero tolerance laws):

  1. One year license suspension
  2. Mandatory attendance in a 3 month alcohol program prior to license reinstatement
  3. Possible participation in a youth drunk driving program which can include visiting the emergency room, an alcohol recovery center, talking to and visiting with the coroner and potentially interacting with victims of drunk driving accidents.
  4. Additionally, a judge will expect the minor to abstain from further use of illegal drugs or alcohol

Minor Drivers in California with Blood Alcohol Content of greater than 0.08%

 

Minor drivers who are arrested with a blood alcohol content level above the illegal limit of 0.08% will be convicted of a California drunk driving charge. This blood alcohol content level is the illegal limit for all drivers, not just those who are over 21 years of age. If a minor is convicted of a misdemeanor drunk driving charge in California there are serious drunk driving penalties.

Penalties for minors convicted of a California drunk driving charge include:

 

  1. 3 to 5 years informal probation
  2. Six month license suspension
  3. Up to one year in jail
  4. Up to $1,000 in fines
  5. Alcohol education course

Hiring a Drunk Driving Lawyer

 

If you have been arrested for drunk driving and you are a minor, this can be extremely serious. Do not wait to talk to someone about your drunk driving charges, especially if your blood alcohol concentration levels were above 0.08%.

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Filed under: Defending DUI,DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth Losure @ 4:16 pm




North Carolina Actual Physical Control Laws

A recent question posted on our forum indicated a North Carolina resident was charged with drunk driving in North Carolina, not while they were operating their motorized vehicle but while they were walking out of Walmart. The driver wants to know if this is legal and how they should fight against this drunk driving charge.

State courts have upheld that a driver, even if they were not physically driving, could be considered in “actual physical control” of their car if they were sitting in their car, had the keys in their possession or even if they were sleeping in their car.

North Carolina Drunk Driving Laws

 

In 2006, the North Carolina legislature made substantial changes to the drunk driving laws of North Carolina. These laws were effective December 1, 2006. According to the law, a driver “commits the offense of impaired driving if he drivers or is in actual physical control of a vehicle which is in motion or has the motor running.”

North Carolina Court of Appeals has upheld “actual physical control” statutes and state they can include:

  • Admission by the driver that they were driving even if they were not seen operating the vehicle
  • Drivers asleep behind the wheel
  • Drivers seated in the car with the heater running
  • Drivers found asleep with the engine running at a stop sign

The statute specifically related to a public vehicular area which is defined as “ a highway, any street, or any public vehicular area within this State.” The statute excludes property or land which is not open to the public for use, but the appeals court decided that private businesses and parking lots can be considered “public vehicular areas.” The ruling also stressed that whether or not the business is open or serving the public at the time of the North Carolina drunk driving arrest is irrelevant.

North Carolina defines impaired driving as either consuming drugs or alcohol to the extent that the driver has “lost normal control of their bodily or mental faculties causing appreciable impairment or their blood alcohol concentration is above 0.08% with or without mental or physical impairment observed.”

Hiring a Drunk Driving Lawyer

 

What is the best course of action for our driver in North Carolina? They need to talk to a drunk driving lawyer. The driver did not mention whether or not they admitted to operating the vehicle or what observations the police officer made at the time of the drunk driving arrest concerning the driver’s behavior.

For instance, did the driver stumble through the parking lot, drop a bag of groceries, fumble with their keys, get in their car and start the car- with the full intention of driving even though they were clearly intoxicated? Without more information about the DUI arrest, it is impossible to say for sure.  If there is little evidence they were intoxicated it may be helpful to get video surveillance which might prove that they were not physically impaired and not close to their car.

Drunk driving laws vary by state; talk to a DUI lawyer who understands drunk driving laws in North Carolina.

 

 

 

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Reinstating License after Georgia Drunk Driving conviction

Can I get a license reinstatment?

 

If you have been arrested and convicted for a Georgia DUI you no doubt realize that the current drunk driving penalties can be very serious. One of the most difficult drunk driving penalties is having your Georgia driver’s license suspended or revoked.

According to the Georgia Department of Driver Services, if they choose to revoke your driving privileges your privilege to drive is actually terminated until the end of the prescribed period outlined by the Department. If you license has been revoked you will have to apply for a new Georgia license after specific requirements are met.

If you face a suspension, as opposed to a license revocation, your driving privileges are only temporarily suspended for a time and you may apply for a new license after specific requirements are met.

If you have had your Georgia Driver’s license suspended for drunk driving you cannot get a new driver’s license without first completing a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and providing proof to the Department of Driver Services. You must also pay a $200 process fee (if paid by mail) and a $210 processing fee if paid in person.

Contact the Department Of Driver Services 678-413-8400, or toll-free 866-754-3687. They are open Monday through Friday, 7:00 am until 5:15 pm to assist with reinstatement questions. Inquiries can also be made by letter. Mail 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.

Reinstating your Georgia Commercial License

 

If you have lost your commercial license due to a Georgia drunk driving charge and your livelihood is threatened, this is very serious. If you have been arrested for drunk driving because you either refused to take a blood alcohol content test or your blood alcohol content was above the legal limit of 0.08% (for non-commercial drivers) and 0.04% (for commercial drivers), you are facing a license suspension of one year.

Drivers who submitted to a blood alcohol content test may have their commercial license reinstated after 120 days, assuming they did not have any prior Georgia drunk driving convictions in the last 5 years. Drivers who refuse the blood alcohol content test will not have this option.

The license suspension could be even more severe if you are carrying hazardous materials or if you have refused to take a blood alcohol content test more than once within the last 5 years. In this case, you may lose your commercial license for good, without a 10 year license reinstated waiting period.

Hiring a Georgia Drunk Driving Lawyer

 

Whether you are a commercial driver and need your driver’s license to make your living  or not, a drunk driving charge can be very serious. Do not try to fight a Georgia DUI on your own. Even first time Georgia DUI offenders will face serious drunk driving charges.

Make sure you understand drunk driving laws. Administrative license suspensions initiated by the Department of Driver Services are in addition to criminal penalties which may be sanctioned by a Georgia criminal court.

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Filed under: DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth Losure @ 1:00 pm




Florida hardship License after DUI

If you are arrested for drunk driving in Florida and your blood alcohol content level is 0.08% or higher or you refused the blood alcohol content test, your Florida driver’s license may be suspended.

You may request an administrative license review at the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews within 10 days from your drunk driving arrest. You will be issued a temporary license which can be used up to 42 days after your drunk driving arrest. You are allowed to hire a Florida drunk driving lawyer to review your DUI arrest and appear at the formal hearing.

After the Administrative Hearing in Florida

 

If you win at the hearing your license is returned to you. If you lose, your Florida license may be suspended up to 18 months. Under some conditions you may be eligible to apply for a hardship license after 30 days or 90 days for refusing to take the chemical test. Keep in mind, the drunk driving penalties assessed by the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews are separate from DUI criminal penalties from a Florida drunk driving arrest.

Under some conditions, the court may require you to complete a DUI school, purchase liability insurance and install an ignition interlock device (although rare for first time Florida DUI offenders). After you have completed these steps, or whatever steps are ordered by the court, you can go to any Administrative Reviews Office to apply for your hardship license.

What happens after a Florida Drunk Driving Conviction?

 

If you have been convicted of drunk driving and it is your first time, you may have your driver’s license suspended for 180 days up to 1 year. If your drunk driving resulted in serious bodily injury to another person your license revocation can be for up to 3 years. How long your license will be suspended will depend on several factors including whether this is your first drunk driving charge, how long it has been from subsequent drunk driving arrests and whether or not your DUI caused bodily injury to another person.

  • First DUI convictions can expect a 180 day to one year suspension (effective on conviction date)
  • Second DUI convictions (more than 5 years from the first) 180 days to 1 year
  • Second DUI conviction in less than 5 years- drivers may have their license suspended for five years but they may apply for a hardship after one year.

Steps to Reinstate Florida license after Drunk Driving

 

Prior to the expiration of the revocation period you can apply for a hardship license in your county. Under some conditions you must complete a DUI education course.

What you will need:

  • Proof of enrollment or completion of DUI school and treatment. If you do not complete the course within 90 days from the date of your license reinstatement your license can be suspended.
  • If you are requesting a hardship license or a reinstatement, you must complete the required examination.
  • Payment of the administrative fee, revocation reinstatement fee and license fee are required.
  • If your DUI occurred after October 1, 2007, according to the Florida Department of Safety and Motor Vehicles Bureau, you “must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.”
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