After a DUI arrest, your license will automatically be suspended if you blew above the legal limit of .08 or refused to submit to a breathalyzer. One of the most pressing concerns immediately after a DUI arrest is whether you are eligible for a hardship license and how to obtain one.
Bureau of Administrative Review Hearing
After a DUI arrest, you have 10 days from the date of arrest to challenge the administrative suspension of your driver’s license. To accomplish this, you must submit the appropriate documentation to request a formal hearing with the Bureau of Administrative Review. If you are successful and win your hearing, your administrative dl suspension will be lifted.
During this formal hearing, your attorney may challenge whether:
- the officer had probable cause to stop you
- the officer had probable cause to arrest you for DUI
- specific procedures were followed when the officer requested a breath sample
- there were any issues with the intoxilyzer machine used to obtain your sample
If the hearing officer does not rule in your favor, you will have what is known as a “hard” driver’s license suspension. If this is your first DUI and you blew over the legal limit of .08, the “hard suspension” will be for a period of 30 days. If this is your first DUI and you refused a breathalyzer, the hard suspension is for a period of 90 days. If this is your second DUI and you blew over the legal limit of .08, your hard suspension will be for a period of 30 days. If this is your second DUI and you refused a breath sample, the length of the hard suspension depends on whether your first DUI involved a breath sample or a refusal.
When considering whether to request a formal review hearing, it is important to speak with a qualified and knowledgeable DUI attorney to determine what option is right for you.
Waive Your Right to a Bureau of Administrative Review Hearing
If this is your first DUI, you also have the option to waive your right to a hearing. You are required to fill out specific paperwork, enroll in DUI school, and attend a hardship hearing to determine your eligibility to obtain a hardship license. If granted, you will automatically obtain a hardship license and do not run the risk of a hard suspension as you would if you lost a formal hearing. However, it is important to understand that if you waive your right to a formal hearing, you will still have a driver’s license suspension with the ability to drive for purposes set forth under your hardship ability requirements.
Contact McNulty Parker Law Today
If you have been arrested for DUI, you probably have many questions about your driver’s license and what your options are going forward. Call Anita at (727) 610-8933 today and set up a free consultation to discuss your case. It is important to call immediately, as you only have ten days to file the appropriate paperwork regarding your driver’s license suspension.
The content in this blog is for general information purposes only and should not be taken as legal advice for any individual case or situation. This blog content is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.