Will my license be suspended or revoked for a DUI? 15 Answers as of May 29, 2013

I recently received a DUI, I have a prior about fifteen years ago. I have a class A license but know longer drive big trucks. I just need a regular license to drive to and from and while working. Will my license be suspended or revolked, is their any way I can retain my privledge to drive.

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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 the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. 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. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. Since you previous DIO conviction is over 10 years ago, it does not count as a prior for enhanced sentencing. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 7/19/2012
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
Regardless of you license class, your license gets suspended for DUI convictions. The only way to retain your license is to request your administrative hearing with the DMV within 10 days of the arrest and then win the hearing. You would be wise to hire an attorney to handle it.
Answer Applies to: California
Replied: 7/19/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Yes you will have your license suspended. When you first got your DUI they gave you a piece of paper which told you that you could still drive for 30 days. Then for the next 30 days you CANNOT drive. After that you can go to the DMV and get a restricted license, to and from work and to and from DUI program. Since your old DUI was 15 years ago it will not count as a prior. Anything older than 10 years does not count.
Answer Applies to: California
Replied: 7/16/2012
Steven Alpers | Steven Alpers
The license suspension is 30 days with proof of enrollment in a dui class and a SR-22 to prove insurance. You will not have a problem with your class A license unless you were driving your big truck. You can request a hearing if there is still time. Must be requested within 10 days of arrest for dui. Read the back of the temp license the police gave you on your release from jail for details.
Answer Applies to: California
Replied: 7/16/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you have a DUI your license will be suspended by the DMV. However, if you can show the DMV that you need to drive to work and during work you can ask for restricted license.
Answer Applies to: California
Replied: 7/16/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 5/29/2013
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    Yes, by beating the case, getting it dismissed, or reduced to a lesser charge.
    Answer Applies to: California
    Replied: 7/16/2012
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    I need more information about your specific case, but generally a conviction for a first DUI (no prior DUI within 10 years) results in a license suspension for 6 months. You can usually get a work/DUI School restricted license. If you do not win your APS hearing with DMV, or fail to request the APS hearing within 10 days, you are usually looking at 30 days of no driving before you can get the restricted license. Figuring out how to minimize this 30 days is obviously important. You should consult a DUI lawyer who is very familiar with DMV process in order to minimize any suspension and avoid it being longer than the 30 days. The letter DMV sends out after an APS suspension is misleading and has caused many people to believe they cannot get a restricted license, and lengthens their time of restriction for many months.
    Answer Applies to: California
    Replied: 7/16/2012
    Law Office of George M. Derieg
    Law Office of George M. Derieg | George Derieg
    You will need to request a DMV hearing within ten days of your arrest to put off the suspension. At your first court date you can ask for a restricted license and the court will defer to the DMV. As soon as you start a DUI class you can apply for a restricted license.
    Answer Applies to: California
    Replied: 7/10/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Your commercial license will be revoked for like, but you face only a first DUI suspension on your regular license (since your prior is over 10 years old). So a 4 - 6 month suspension from the DMV, and a 6 - 10 month suspension from court (depending on what type of program you were ordered to do).
    Answer Applies to: California
    Replied: 7/16/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    A commercial license will be revoked with a conviction, a regular license will only be restricted (sometimes) with a conviction. However, the DMV, through it's administrative hearing process, will suspend a regular liense regardless of what the Court does. Certain procedures must be followed to get the privileged restored.
    Answer Applies to: California
    Replied: 7/16/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Your prior DUI will not be considered by the court or DMV because it is more than 10 years old. However the DMV will want to suspend your license for 4 months, but you may be able to get a restricted license. The difficulty be the fact that you still possess a Commercial License. Additionally you will have the court case to deal with and it is highly recommended that you retain counsel. Most DUI attorneys, such as myself, will handle both the DMV Case and Court Case for the same fee. Most importantly, you will only have 10 days from your arrest to request the DMV License Suspension Hearing, otherwise your license will be automatically suspended. This request can be handled by the attorney you hire. You need to consult with an attorney right away. Generally, attorneys do not charge for the initial consultation.
    Answer Applies to: California
    Replied: 7/16/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Because your prior was more than 10 years ago this will count as a first. There will be a suspension for 6 months. After the first 30 day "hard suspension" (no driving) you can apply for a restricted license for work/school/classes. Hire a good attorney and fight the charges.
    Answer Applies to: California
    Replied: 7/16/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Your prior that happened 15 years ago is no longer a "prior". The priorable offense has to have ocurred within the last 10 years under California Law. Assuming nothing else unsual the prosecutor will treat this as a first time DUI and your license will be restricted, so you can drive to and from work, and alcohol program.
    Answer Applies to: California
    Replied: 7/16/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    In Illinois, a finding of guilt on the current dui will result in the revocation of your driving privilege.
    Answer Applies to: Illinois
    Replied: 7/16/2012
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