I was stopped for reckless driving after going arround a cop that had stopped somebody else. I was arrested for my 1st DUI. I refused the breath test because I heard that was the best thing to do. No road test was done. The police report said I smell like alcohol. I admited to 3 drinks earlier that day. Im a single mom and only provider I need drive to school and work. Would I be able to get a harship lic. How long does it take after I applied for it?
Criminal Defense Attorney
You have 10 days from your arrest to ask for a DMV hearing. The DMV will then issue a temporary Business Purpose Only License good for at least 30 days, and will set a hearing w/in 30 days. If you win that hearing, you get your license back. If you lose, once the temporary license expires, you have to wait 90 days before you can get a Business Purpose Only license (BPO). That license will be good until your suspension is up. Because you refused to take the breath test ( a mistake, by the way), your license is suspended for 1 year.
If you get convicted at trial or plea guilty to the DUI, the Court will suspend your license for 6 months. The court will usually run that suspension concurrent to the DMV suspension. You will not be able to drive away from the court, because the court will take your DMV issued BPO. However, you may go right back to DMV and get it back with no waiting period.
You may be eligible for a diversion program that will keep you from having a DUI on your record. I suggest you talk to and hire an attorney ASAP to help you through this complicated mess. You may contact me at 407-846-8008.
1 found this helpful
Criminal Defense Attorney
Mr. Waggoner is absolutely correct. With an attorney at the DMV hearing case law can be presented which may win a legal argument and may get your license back. This is a legal hearing and you don't want to be your own lawyer as it involves very compicated probable cause questions.
Assuming you had a valid license at the time of your arrest, you will qualify for a hardship license. You will need to apply either in person or have your attorney apply for you. All that is necessary is to provide the DUI ticket and fill out the application and pay $25 fee. The temp license will allow you to drive for 42 days beyond the 10 day permit you have currently (ticket is 10 day full license). The hearing is held within 30 days of your request. I would recommend having a attorney complete this process as his/her experience will give you the best opportunity to overturn the suspension.