Am I able to get my license back after a DUI? 44 Answers as of June 10, 2013

I recently got a DUI (0.08%) while I was driving around 70 on the freeway. I am 20 years old when I got the DUI. Am I able to get my license back or at least get a restricted license to go to school (College)? If so, what should I bring to court or what should I do?

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
You are able to get your license back after the suspension due to the DUI. You must first get SR 22 insurance and pay a reissue fee with the DOL/DMV. Then, unless there is something else holding your license, you're able to get your license back and begin driving legally.
Answer Applies to: Washington
Replied: 5/27/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
In some cases, a restricted license is available for driving routes to and from work and/or school. You will need to tell the judge why the license is necessary and the specific routes you will to be taking.
Answer Applies to: California
Replied: 5/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You have to file and request an Occupational License. This is the means by which you can get your license administratively reinstated for the limited purposes of allowing you to go to school and work. You have to have an SR22 Insurance form - the original copy, and know what days and times your class or work requires you to drive. If you are greedy and ask for too much, you may be denied. If you are not honest, you risk being out after the permitted time and getting a citation for driving while license invalid. So, be honest with the days and times you need to drive. Bring school registrar records or work records to show when you go to school/work, etc.
Answer Applies to: Texas
Replied: 5/18/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Your will lose your license for a year if convicted. Under some circumstances you can get a restricted license.
Answer Applies to: California
Replied: 5/17/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
No because you are under 21.
Answer Applies to: Colorado
Replied: 5/16/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A DUI with a .08 is borderline. The Alabama Department of Public Safety determines whether your driver's license will be suspended for having .08 or more BAC. You have a right to request a pre-suspension hearing if requested within the time frame. The court will determine whether you are guilty of not of driving under the influence. Upon conviction of a DUI your driving license will automatically be suspended for a period of ninety (90) days. There is no provision in the Alabama law that allows you to drive to work or school and home if your license is suspended. If your license is suspended it then becomes illegal to drive. Please note that in many jurisdictions a conviction for driving with license suspended or revoked, based on a DUI, can very likely result in substantial jail time. Do not drive if you do not have a valid driver's license.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes you can. Hire an experienced lawyer to represent you.
    Answer Applies to: Michigan
    Replied: 6/10/2013
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need to hire an attorney to help you request a hardship license from the court.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can get a hardship license and after entering drinking driving school a restricted license. You lawyer can apply to the court for those and your license will be returned after 90 days of the date of conviction of the Impaired charge.
    Answer Applies to: New York
    Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Because you were an underage drinker while driving, there's little likelihood you will get your license back before you are 21. You may be eligible to get a restricted license to go back and forth to school, but that's about it - if that is even available, which I doubt. Consult with an experienced criminal defense lawyer to discover more. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I am unaware of a way to do that. You could defend the charge. If you beat it, you won't have the 90 day suspension that accompanies the conviction. You could also appeal the administrative 90 day suspension by giving written notice of your appeal, as directed don the documents you were given at arrest. If you manage to beat those tow suspensions, the you still have your driving privilege. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    There is a critical need license that you can get under certain circumstances.
    Answer Applies to: California
    Replied: 2/24/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you will definitely be suspended, perhaps until you turn 21, because there is a zero tolerance for alcohol consumption here before turning 21. Now, if you were charged with the DUI, you stand of chance of having your license revoked for at least one year, possibly longer. Also, this is a criminal offense which could end up with you going to jail for up to one year. I would suggest that you will not go to jail, but the consequences of a conviction can ruin you for life. Get a lawyer right away to discuss this in detail, do NOT go into court without one. You should go to the Secretary of State's office and discuss the requirements for obtaining a restricted driver's license, you will be provided the forms necessary to apply for such a license.
    Answer Applies to: Illinois
    Replied: 5/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You can apply with DOL for a Ignition Interlock License as long as you have attended the victims' panel and obtained and followed your alcohol evaluation.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon where I practice, the DMV will initially suspend your license for 90 days (if it is your first DUII, a year if it is your second in five years) for failing a breath test - in Oregon as in most other states, .08 or above is a failure. This suspension is separate from what the court would impose if you are convicted down the road. The way the DMV suspension works is it goes into effect 30 days after the arrest unless you request a hearing and win at the hearing. Oregon law gives you 10 days from the date of arrest to request the hearing. The hearing is very technical and the scope is limited. As I said above, if you win the hearing, there is no license suspension. If you lose the hearing or don't request one, then you've got the 90 day suspension. You can reinstate your license after the 90 days, but depending on what happens in court there could be a second suspension. If you are convicted of the DUII (meaning you plead guilty or are convicted after a trial or fail a diversion program), the court will suspend your license for 1 year. You can apply for a hardship permit, but you must install an ignition interlock device (essentially a breathalyzer attached to your ignition - your car won't start if the machine detects any alcohol on your breath). Even more annoying still, the DMV will require that you install the interlock even after you are eligible to get your license back. In fact, you've got to have the interlock for three years after the conviction.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Daniel J. Larin
    Law Office of Daniel J. Larin | Daniel Larin
    In Michigan you do not lose your driving privileges until you have been convicted (unless you refused the chemical test). The paper license you were given is your driver's license. A DUI remains on your record for the rest of your life. You should consult an attorney. This is not a minor charge. It can have life long repercussions.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should be able to get your license back and avoid a DUI with a lawyer. Contact me I would be happy to discuss the matter.
    Answer Applies to: Nebraska
    Replied: 5/12/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You should be able to get an ignition interlock license that will allow you to drive with a device on the ignition of your car that you would have to blow into to start the car. You should ask your lawyer about this.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Since you provided a blood alcohol concentration amount in your question, I would assume that you provided a breath, blood or urine sample when arrested. This answer is under that assumption. If this is our first DUII arrest, the DMV may automatically suspend your license for a period of 90 days. There is a 30 day waiting period for a hardship or restricted license. If you are convicted of a first time DUII (either you are ineligible for Oregon's DUII Diversion Program, or you missed the deadline, or you have a trial and are found guilty) the court will suspend your license for one year and you would be eligible for a hardship or restricted license. You should contact an attorney in your area to determine the potential consequences to your license.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Generally your license will be suspended for one year because of your age (under 21). However, because you are under 21, you may be eligible for a "critical need" license from the DMV if you are able to show that you go to school and that the public transportation available is unavailable at the times you need. You should go to the DMV and ask them for an application for a critical need license to drive following your DUI conviction.
    Answer Applies to: California
    Replied: 5/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does, and who will be able to seek a restricted license for you after any actual suspension imposed by DMV. When arrested or charged with any crime, like your DUI, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right.

    Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it, and could avoid an additional court suspension of license. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    In the State of Washington, if you are convicted of a DUI OR lose your Dept of Licensing Hearing your driving privilege will be suspended for at least 90 days and up to 1 year. However, you should be eligible for an Ignition Interlock License that would permit you to drive throughout the suspension so long as you have an ignition interlock device installed in your vehicle.
    Answer Applies to: Washington
    Replied: 5/12/2011
    West law Office
    West law Office | Russell West
    You can get your license back however will lose your license for probably 90 days with a .08 BAC. State laws vary so you would need to check the DUI sentencing guidelines and Dept. of Licensing guidelines for your state to know for sure. WA State is 90 days suspension. You can apply to keep your license during this time period with an interlock device installed. Also to get you license back after a suspension you must prove you have insurance with an SR22 certificate and also pay an addition fee to get back your license. With a .08 BAC you may have a good chance of having this charge reduced although being a minor anything over a .02 BAC is considered driving while under the influence. Even if you are able to get a charge reduction this generally does not change the DOL guidelines for license suspension.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You need to contact the DMV about getting a restricted or conditional license but you probably will have to wait until the outcome of the DUI unless you get a restricted or conditional license pending prosecution of the DUI. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/12/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you were arrested in Louisiana, you only have 15 days from the date of your arrest to schedule an administrative hearing where you can request that your license be reinstated or receive a temporary/hardship license. This is something you should begin work on immediately or you will lose your license for 6-months to 1 year automatically. Because of the various deadlines and filing requirements involved in DWI proceedings it is very valuable to have an experienced DWI defense attorney working on your behalf.
    Answer Applies to: Louisiana
    Replied: 5/12/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Since you were under 21 there is a 1 year Suspension. The only way to get relief is to persuade the DMV that you have a "critical need ". The DMV is pretty tight on those so I recommend a good lawyer be retained to give you the best chance of success. For more info or a free quote call us.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Kansas law allows the State to suspend your DL for 30 days followed by a 330 day restricted license, if you were charged with a first time DUI and submitted to a chemical test which resulted in a BAC of .08 to .15. You need to consult with an attorney to make sure you do not make a mistake here.
    Answer Applies to: Kansas
    Replied: 5/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry. In Michigan, when you plead to a DUI, and it is a first offense, you automatically get a restricted license. For an OWI (Intoxicated), you have 30 days with no license, followed by 5 months of a restricted license. After that, you pay an reinstatement fee, arrange to pay $1,000 per year for 2 years for Financial Responsibility Fees. You have a full license after the restricted license. For an OWI (Impaired), you have 3 months of a restricted license, followed by paying the reinstatement fee and arranging to pay $500 per year for 2 years for Financial Responsibility Fees. Again, you have a full license after the restricted license. All of this assumes no new offenses or no other suspensions. You may check my website for additional information. Your attorney should have explained all of this to you prior to any plea/court date. Contact this office with questions.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You are not clear on the status of your case and probably should have a lawyer represent you. In general however if you are convicted of a first offense DUI you will need to complete a first offender program (FOP) which varies in length depending on the facts of your case. In addition, unless you asked for a DMV hearing you will have lost your license for 4 months. Signing up for the same program now will convert it to a 30 suspension and a 5 month restricted license. Unless you do this you will not get your license back ever.
    Answer Applies to: California
    Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The revocation period in Minnesota after a DWI depends on the level of the offense. After a first offense where your blood alcohol content was below .20, is 30 to 90 days. You would qualify for a limited license to drive to and from work after 14 days. It is always wise to consult with an attorney regarding your legal matter.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If this is a first offense, you have not lost your license, you have a temporary. Upon any conviction, you will have a restricted license for a period of time. Call me to discuss.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Since you were under 21 at the time your license will be suspended for a year. You can apply for a critical need license.
    Answer Applies to: California
    Replied: 5/11/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    If you got a DUI at .08, it is likely you will be able to plea to a non-criminal violation. A plea to driving while impaired carries a 90 day license suspension. You will probably be ordered to take a Drunk Driving Course at the local Dept. of Motor Vehicle. After taking this course, you may be able to apply for a conditional license at the DMV. Advice; Be careful with the drinking.
    Answer Applies to: New York
    Replied: 5/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Your license will be suspended for 6 months. After the first 30 days are over you can go to DMV and ask for a Restricted License which lets you go to and from work and to and from the DUI program you will have to attend.
    Answer Applies to: California
    Replied: 5/11/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    You should be able to get it back - at least an restricted license or an interlock device. It really depends on the jurisdiction. Check with you local driver control office or a local attorney.
    Answer Applies to: Arkansas
    Replied: 5/11/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If it's your first DUI you should at least be eligible for a restricted license for work and school. If your license has been suspended, you will have to wait the required time period, pay all your fines and driver's responsibility fees, and then apply to get your license back with the DADD.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    It depends on the state in which you are licensed and your entire driving record.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The court proceeding is completely separate from the DMV proceeding. As a general rule, a first time offender can be eligible for a restricted license as early as 30 days after the DMV suspension begins, assuming you lose or don't request a hearing (as opposed to the court suspension, which begins after there is a conviction). DMV law is quite complicated, especially as it relates to the court case, so contacting a DUI specialist is the best advice I can give you.
    Answer Applies to: California
    Replied: 5/11/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Hiring an experienced criminal defense attorney who also knows about DUIs is your best option to try to get your license back. When you arrested for a DUI two processes begin, one criminal and one administrative. An experienced attorney can help you in both cases.
    Answer Applies to: Hawaii
    Replied: 5/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    At 20 years old your license is revoked for one full year if you are convicted of DUI or DWAI. No driving for one year. Period.
    Answer Applies to: Colorado
    Replied: 5/11/2011
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