Does you license automatically get taken away if you get a drunk driving conviction? 63 Answers as of February 24, 2012

Does you license automatically get taken away if you get a drunk driving conviction?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
For a first conviction DUI your license can be suspended for up to six months. You would be eligible to apply for a restricted license (travel to work and to school) after 30 days.
Answer Applies to: Michigan
Replied: 8/31/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Not automatically. You have certain rights you may exercise to delay suspension, but you may not keep the license from being suspended if the state can prove you were driving while impaired. You should consult with an experienced DUI attorney.
Answer Applies to: Kansas
Replied: 6/10/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
In Ohio you automatically lose your license if you refuse to submit to the breath test, or if you fail. This is an administrative action. If you are convicted of a DUI offense there is a mandatory driver's license suspension as well. You may be eligible for occupational privileges (work or school).
Answer Applies to: Ohio
Replied: 6/10/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, yes. Upon a conviction for DUII, the court will suspend your driving privileges. The length of the suspension depends on your record and the number of DUII convictions you have in the past.
Answer Applies to: Oregon
Replied: 6/10/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
Many states will have automatic driver's license suspensions built into DUI conviction penalties. In Louisiana, your license is suspended within 15 days of a DUI arrest if you do not take steps to contest the suspension. If you are convicted of first offense DUI in Louisiana, the sentence carries a 90 day driver's license suspension. There are a number of issues attorneys can use to attempt to reduce or suspend your sentence and maintain your privileges in some DUI cases. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 6/9/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    The court can take your license away. It was already taken when you got arrested. But- it is the DMV that takes the ultimate step of suspending your driving privileges.
    Answer Applies to: California
    Replied: 6/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, a first offense OW Impaired results in a 90 day restricted license, a first offense OW Intoxicated results in 30 days no license followed by 150 days restricted license. A 2nd offense results in 1 year of no license. a 3rd offense results in 5 years no license. You do not get your license back automatically for a 2nd or 3rd offense, and must have a review hearing to see if you will be granted a license. You should discuss this with your attorney to get the license sanction applicable to your case I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Upon conviction for a DUI there is a mandatory suspension of your driver's license.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, there is an automatic suspension of your driving privileges after a conviction for DUI.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    In most states, yes. For how long depends on which state, how many convictions you have, and your blood alcohol level.
    Answer Applies to: New Jersey
    Replied: 6/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes, and no. It's a very complex issue, one that turns on principals of administrative law as well as penal law. One that turns on DMV regulations as well as Penal and Vehicle and Traffic Law. Our office can give you a detailed analysis of the law in this area, but we must be retained to do so.
    Answer Applies to: New York
    Replied: 6/8/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In Oregon: If you are convicted, your license is suspended. If you are in the DUI diversion, then no suspension. The answer could be different if you take an intoxilizer and fail; or refuse to take an intoxilizer. There are lots of pitfalls for DUI arrests.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If there is a DUI conviction, then your license will be suspended by the DMV. The length of a suspension, and whether and when you can get a restricted license depends on the factors surrounding your conviction. See 1duilawyer.com for more information on this. For example, if there is a refusal enhancement in the conviction, you will not be eligible for a restricted license. Also, a second offense DUI has a longer suspension period than a first offense. Feel free to contact me if you have any further questions.
    Answer Applies to: California
    Replied: 6/8/2011
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    In Arkansas your license is taken away prior to a conviction. You are entitled to an administrative hearing but it is mostly a due process provision that is a formality. The best way to protect your right to drive is to contact a qualified dwi attorney and see of you have a defense to the charge of dwi.
    Answer Applies to: Arkansas
    Replied: 6/8/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    In NY, your license will usually be suspended on a first offense and may be revoked, however, on a second or subsequent offense, then your license will usually be revoked. Good luck.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    DUII convictions usually have consequences for people's driving privileges. In Oregon, where I practice, you will lose your license for one year for your first conviction, three years for your second conviction if you've had another DUII conviction in the five previous years and for your third or greater conviction, you will lose your license for life. The court will suspend your license upon conviction and the DMV will enforce the suspension (and may take additional action depending on your driving history). You may be eligible for a hardship or occupational permit, but this depends somewhat on the court and very much on the DMV allowing it.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Yes, but the police give you a temporary license, good for 30 days. You have 10 days from day of arrest to request a DMV Hearing. If you don't do that you start a 4 month suspension on the 30th day. DMV notifies you when it begins.
    Answer Applies to: California
    Replied: 6/8/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    It depends on the court you should talk to an attorney who is familiar with the jurisdiction.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    No, you have a right to a hearing at DMV but must request hearing within 30 days of notice.
    Answer Applies to: New Hampshire
    Replied: 6/8/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    On a first DUI, your license is suspended if you lose your DMVV hearing. However, after 30 days you may get a restricted license to drive to and from work and the required OHS class.
    Answer Applies to: California
    Replied: 6/8/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    I believe every state has some type of suspension for a DUI/DWI conviction. The length of the suspension and whether you can get a work permit depends on the state. Please consider consulting with an experienced DUI attorney in your state.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    It depends on exactly what charge you were convicted of as there are many different degrees of severity of DWi or DUI. You should hire an attorney.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A DUI convictions will cause your license to be taken for a minimum of 60 days.
    Answer Applies to: Nebraska
    Replied: 6/8/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    That depends on the exact charge a person is convicted of. Also the age of the convicted person can make a difference.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you are convicted, you will automatically have your license revoked for at least one year, if the case is from Illinois, and you did not get an order of Supervision as the sentence in the case. Supervision protects your driving privileges, presuming you meet and complete all the conditions of supervision that the court ordered.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Davis & LaScola LTD
    Davis & LaScola LTD | Brandon Davis
    In Illinois, your driver's license will be revoked for a DUI conviction. Supervision will not revoke your Illinois driver's license.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Suspended for 90 days on a first conviction. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. The revocation period depends on the number of DWI offenses in your lifetime and the level of the blood alcohol content.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    If you are convicted you will lose your license for a year on the first conviction. You can apply for a limited driving privilege in many situations to keep you driving for that year. Talk to a lawyer in your area about your options, depending on the BAC and other factors, there could be other issues to worry about.
    Answer Applies to: North Carolina
    Replied: 6/8/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    Yes, however, if it is first offense, you may get a certificate of 1st conviction from the court, which allows you to get a temporary permit for 120 days. The temporary is only good for driving to work or school. After 120 days, you're entitled to full re-instatement of your driver's license if you've taken the Risk Reduction Class, i.e. DUI school
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes. If you are convicted of DUI, you will lose your license. You might or might not be eligible for a work permit, depending on the circumstances of your case.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    It depends. Certain drinking and driving related offenses will NOT suspend your license to drive. However, if you simply just go to Court and plead guilty to the OWI (operating while Intoxicated) that the police officer arrested you for, then your license WILL be suspended for a short period of time in addition to possible jail time, probation as well as hefty costs/fines. Consult with a Michigan DUI Defense Attorney at our firm. Call Now or visit our website for additional information.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    West law Office
    West law Office | Russell West
    State laws vary some but a drunk driving conviction will result in loss of license for at least 90 days. Depending on your BAC and if you have had a previous DUI then your license can be suspended for up to two years.
    Answer Applies to: Washington
    Replied: 6/8/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    Your license should not be taken away from you if you are convicted of DUI. However, there are instances when a court clerk or judge will "punch" a hole in your license which renders it "temporary." A suspension of your license may later occur once the Department of Licensing receives confirmation of the conviction from the court. If you have any questions regarding this issues or others, or wish to discuss how to avoid a DUI conviction please contact my office.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    Short answer yes.DMV is notified at time of arrest. You do have a right to a DMV hearing. After conviction, there are also requirements of classes in order to avoid suspension.
    Answer Applies to: California
    Replied: 6/8/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    No, and good DUI lawyer can try and keep it for you. You have to request a hearing in writing with the driver license division within ten days of your arrest and then hire a good DUI lawyer. You wouldn't perform surgery on yourself, don't risk going it alone on your DUI either.
    Answer Applies to: Utah
    Replied: 6/8/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    In Colorado, for a dui (driving under the influence) conviction you will be issued a notice by the Division of Motor Vehicles about any revocation and right to a hearing.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The short answer is yes. You may be eligible for a restricted license for work, alcohol treatment, probation appointments and school; but only if it is your first time.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    It depends on the state where the matter occurred. Most states suspend licenses for av set period of time, some allow restricted driving for a set time.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, you have 10 days to request a hearing to try and save your license. Consult a DUI specialist.
    Answer Applies to: California
    Replied: 6/8/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, a conviction for DUI carries a mandatory license suspension.
    Answer Applies to: Massachusetts
    Replied: 6/7/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    A conviction does lead to a suspension of your license an arrest does not.
    Answer Applies to: California
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Upon conviction for OWI, you will face a loss of license. On a first offense, it is generally a total loss for 30 days followed by a restricted license for 335 days.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your license is taken by the judge on arraignment and a hearing is scheduled if you refused the breath test. You can apply for a hardship license if you cannot take a bus to work or school.
    Answer Applies to: New York
    Replied: 6/7/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Your driver's license is affected by interaction with the police on the night of your traffic stop and can also be affected by the criminal charge. How these two interact according to the facts of your case are specific and you should hire a DUI attorney to effectively represent you for both aspects of the matter.
    Answer Applies to: Hawaii
    Replied: 6/8/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    Yes, for four months and then a restricted license is attainable.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    No. It will be taken away if you are convicted in court or if you fail to assert your right to a DMV Hearing on the issue within the allowed time-frame.
    Answer Applies to: California
    Replied: 6/7/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, generally yes. When you are arrested for DUI it triggers an "administrative per se" license action with the DMV. You are given a temporary license that is valid for 30 days after which your license is suspended. You have the right to a DMV hearing on the issue but you must request it with the Driver Safety Office within 10 days of your arrest.
    Answer Applies to: California
    Replied: 6/8/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Essentially, yes. 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. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. When arrested or charged with any crime, 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. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. 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. I'll be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 6/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The motor vehicle department holds a hearing to determine if your license is to be suspended. It is only after this hearing will your license be suspended.
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    In Washington State there are 2 ways to lose your license after a DUI arrest. 1) If you lose the Department of Licensing Hearing (administrative hearing), or you failed to request the hearing. The DOL will suspend your license for 90 days if you took the breath test and it is a first offense. The suspension is for 1 year if you refused the breath test. The suspension increases for subsequent offenses. 2) If you are convicted of DUI in the court (plead guilty or found guilty by a jury) you will lose your license for 90 days if your breath test was under .15, the suspension is for 1 year if your breath test was over .15 or you refused the test. If your case is amended to a non DUI charge the suspension is less, or not applicable. If your license is suspended, there are alternative licenses that allow you to drive while suspended. Please feel free to give me a call. I can give you more specific advise if I know the individual facts of your case.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes. It's suspended if you fail or refuse to take a breath test, and again on conviction; the periods depend on your history.
    Answer Applies to: Oregon
    Replied: 6/7/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. First offenders are treated better than second offenders. Second or more offenses are revoked.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Office of Kyle T. Green, PLLC
    Law Office of Kyle T. Green, PLLC | Kyle T. Green
    Your license gets suspended with a DUI conviction. The length of the suspension depends on the type of DUI and whether there are any prior convictions.
    Answer Applies to: Arizona
    Replied: 6/7/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Depends on jurisdiction. In AR, yes after 30 days. Can get it back if found innocent at trial.
    Answer Applies to: Arkansas
    Replied: 6/7/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Once you get a DUI the DMV will suspend your license for a period of time.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    For a first time DUI conviction, your license will be suspended for 6 months. You are eligible for a restricted license after 30 days of actual suspension with proof of enrollment of the alcohol program and a reissue fee to the DMV.
    Answer Applies to: California
    Replied: 6/7/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes, if in California - six months for first offender.
    Answer Applies to: California
    Replied: 6/7/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes; suspended or revoked depending what section the conviction is for.
    Answer Applies to: New York
    Replied: 6/7/2011
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