How long is the usual period of time for license suspension? 42 Answers as of June 11, 2012

How long is the usual period of time for license suspension? I have a previous DUI and I was stopped by the police last week. My BAC is 0.08 and I might get a conviction. What do I need to do to avoid having my license suspended?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
With any criminal charge, I strongly urge you to get a lawyer. There can be long-term consequences and you are presumed innocent until proven guilty. Simply because a person is charged does not mean that they are guilty of any offense. The prosecutor must prove guilt beyond a reasonable doubt. You have a right to legal counsel and should not be afraid to exercise your rights. As for your license, it depends on your prior history. You may have an option to appeal any suspension and ask for a restricted license through the Secretary of State, but it depends on your circumstances.
Answer Applies to: Michigan
Replied: 6/11/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A second occurence with a .08 test result should be 1 year suspension followed by a 1 yr restriction for an ignition interlock device.
Answer Applies to: Kansas
Replied: 3/16/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
If you are convicted it is a mandatory suspension of your driving privileges for not less than one year.
Answer Applies to: Alabama
Replied: 3/16/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
So this appears to be your second DUI. If convicted, you are looking at a 2 year license revocation. The only thing you may be able to do, if you have not already done so, is enter into a deferred prosecution. This is a drug/alcohol program for people who acknowledge to the court that they have a substance abuse problem and have been diagnosed with such by a state license and approved alcohol drug treatment program. This program rums a minimum of 2 years and is quite intense and time consuming. In could also quite possibly include a period of inpatient treatment.
Answer Applies to: Washington
Replied: 3/14/2012
Toivonen Law Office | John Toivonen
A second conviction for drunk driving within a 7-year-period can result in a number of very serious penalties. If convicted you will lose your license for a minimum of one year. You can be sentenced to serve from 5 days to one year in jail, or receive 30 to 90 days of community service. If convicted it is very likely that you will serve time. You need to speak with a criminal defense attorney.
Answer Applies to: Michigan
Replied: 3/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You need to avoid a conviction. Two duis results in a revocation of at least a year.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your attorney will explain all of the details about your license. With OWI (intoxicated), you would lose your license for 30 days and then have a restricted license for 5 months. You would pay financial responsibility fees of $1000 per year for 2 years. With OWI (Impaired), you would have a restricted license for 90 days. Financial responsibility fees are $500 for two years.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    In Mississippi conviction of a second DUI within a five year period results in your driver's license being suspended for two (2) years.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Read the pink form, request a hearing immediatelly as it says and consult an experienced certified criminal law specialist.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A second or subsequent conviction within 15 years will subject to a loss of license for at least 45 days after the temporary license expires. A low test may allow us to keep you from getting a convictions.
    Answer Applies to: Nebraska
    Replied: 3/14/2012
    Bensmochan & Poghosyan, LLP
    Bensmochan & Poghosyan, LLP | Ruzanna Poghosyan
    Usually, it is: 6 months for the First DUI offence 2 years for the Second DUI offence if occurred within 10 years of the First 3 years for the Third DUI offence if occurred within 10 years of the First and Second.
    Answer Applies to: California
    Replied: 3/14/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Hire an attorney as soon as possible to ensure you request your license suspension hearing - you only have 10 days from the date of your arrest, and you may be able to prevent a suspension from happening at all. If you don't request or you lose the hearing, your license suspension is likely to be 90 days or 1 year depending on whether you've failed a breath test before. That suspension is only related to the breath test failure. If you are convicted, you will face an additional suspension.
    Answer Applies to: Oregon
    Replied: 3/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your license will be suspended for 6 months or a year at least, and if it is a felony the judge may not let you drive for several years. You can avoid getting your license suspended by taking a taxi.
    Answer Applies to: New York
    Replied: 3/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The length of time depends on your past record.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If in illinois, if this DUI occurred within 5 years of your first one, you will be suspended for 3 years. But more likely is a revocation of your license for at least one year, in addition to your suspension, and believe me, you will have difficulty in getting any type of license, needing to go for a formal hearing before the Secretary of State, AFTER completing all your treatment for whatever classification of alcoholic problem you have, plus , if a level three, alcoholic, AA meetings and complete abstinence for at least one year, after which you can expect a restricted driving permit, plus having to install the BAID device system in your vehicle to assure you drive with zero alcohol tolerance.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    First of all if you get convicted then your license will be suspended or revoked depending on your driving record. This is not done by the judge anymore but the Secretary of State. There is nothing that can be done if there is a conviction and the length of any suspension is based on your driving record.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Because you were just at the limit you may be able to beat the Dui entirely and avoid a potentialone one year suspension.
    Answer Applies to: California
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    A suspension of from 4 to 12 months is what you are facing, in all likelihood. It's pretty hard to avoid unless you can beat the charge completely.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Probably six months.
    Answer Applies to: New York
    Replied: 3/14/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    You need a not guilty to avoid an additional suspension to your license.
    Answer Applies to: Massachusetts
    Replied: 3/14/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Especially if you have a recent DUI conviction, it is important to hire an attorney to fight at both the ADLRO and criminal proceedings. Do not assume that the suspension will go through. Give your attorney a chance to fight it.
    Answer Applies to: Hawaii
    Replied: 3/14/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    For first offenders over .08 the statute assess a 30 day period with no driving and then you can go to the MO Director of Revenue web site and get from them a limited driving right for the next 60 days. You facts may differ, but this is what the statute provides.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You will likely be suspended for a period of 6 months to a year or more, depending on your test result, and likely be required to participate in the ignition interlock program to get your driving privileges back.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    2 years loss of license for second offense.
    Answer Applies to: New Jersey
    Replied: 3/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The failure of the test itself involves a loss of driver's license. You can contest the loss of license by serving and filing a civil Complaint against the Commissioner of Public Safety. This is all separate from the license loss that results from a DUI conviction.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    The only way to avoid a license suspension is to request a hearing and win at that hearing and have the criminal charge effectively dealt with. So, as the law stands right now, you must win both aspects of your case. The suspension for a second offense is 1 year, followed by 2 years of participation in the alcohol test and lock program. The suspension time cannot be reduced on a second offense and there are no restricted driving privileges offered in West Virginia to allow you to drive to and from work.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Pingelton Law Firm | Dan Pingelton
    It's going to be suspended. You can apply for a hardship.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    The license suspension is 2 years, though sometimes a good attorney can have that reduced to 1 year. The important thing is for you to request a DMV hearing. You only have 10 days from arrest to do that.
    Answer Applies to: California
    Replied: 3/13/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Fight your arrest at the DMV hearing (request within 10 days of arrest) and at criminal trial with your DUI lawyer.
    Answer Applies to: California
    Replied: 3/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    That depends on the reason for suspension.
    Answer Applies to: New York
    Replied: 3/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include 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 for a 2nd offense. 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 appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 3/13/2012
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    In Alabama, upon a second DUI conviction within 5 years, the Director of Public Safety will revoke the driving privileges or driver's license of the person convicted for a period of one year. You should retain an experienced DUI attorney to defend you in this matter. A skilled DUI attorney can challenge to prosecutor's case in several ways. An attorney is also essential in negotiating a possible plea agreement with the prosecutor which may result in a reduced charge and/or reduced penalties. A lawyer can also challenge the driver's license suspension.
    Answer Applies to: Alabama
    Replied: 3/13/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You need to win the DUI or your license will get suspended.
    Answer Applies to: Georgia
    Replied: 3/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    One year for a second DUI conviction within 7 years. They only way to guarantee you won't be suspended is to petition the court for a deferred prosecution or go to trial and beat the charge. You will need an experienced attorney for either route and an alcohol evaluation. I suggest you get both ASAP.
    Answer Applies to: Washington
    Replied: 3/13/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    First, you should defend the case. A .08 BAC presents a very defensible case, given that any breathalyzer has a margin of error, and if the result is based upon a PBT handheld device, the margin of error is even greater, and your actual BAC was probably under .08. That being said, a second DWI conviction will result in a license suspension of not less than 3 years. If your first offense occurred more than 10 years ago, however, the second arrest should be treated as a first, and the license suspension is 9 months, which can be reduced to 90 days once you enroll in the IDIP program.
    Answer Applies to: New Hampshire
    Replied: 3/13/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    To avoid a suspension you need to go to a summary suspension hearing and win. If you are a "first time offender" your license will be suspended for 6 months. If not, it will be suspended for a year.
    Answer Applies to: Illinois
    Replied: 3/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The suspension is 2 years from court and 1 year from the DMV. The two suspensions can run concurrently, but it all depends on how you maneuver the case proceedings. You need to hire a DUI specialist, because you have only 10 days to request a hearing, and a 0.08 BAC is a great case for an attorney who knows what he is doing.
    Answer Applies to: California
    Replied: 3/13/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    If this is your second DUI in five years, then it will be a one year suspension, and if convicted, a minimum one year revocation.
    Answer Applies to: Illinois
    Replied: 3/13/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Win the DMV hearing and avoid a conviction. Other than that, you will be facing a suspension with a possibility of early reinstatement with an interlock device. Consult with an experienced DUI defense attorney. Good luck!
    Answer Applies to: Colorado
    Replied: 3/13/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    A second time DUI Conviction will result in a three-year license suspension from the Oregon DMV. The only way to avoid this three year suspension is to not be convicted of the DUI. Although a DMV Hearing (under Implied Consent) may affect the refusal/failure of a breath test, this will by no means help the DUI Conviction suspension. Contact a skilled DUI Lawyer to help go over the facts of your case to possibly keep your license.
    Answer Applies to: Oregon
    Replied: 3/13/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    I would suggest that you retain an experienced NH DWI attorney to represent you in your case. If you are facing a DWI charge where the prior offense was within the past 10 years, you are facing a minimum loss of license of 3 years in NH along with other penalties such as mandatory jail sentence, 7 day multiple offender program, ignition interlock device and fines over $900.
    Answer Applies to: New Hampshire
    Replied: 3/13/2012
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