Will my license be taken away on a 2nd DUI offense? 42 Answers as of May 29, 2013

This is my second DUI offense in a year; will my license automatically be taken away? Will I be able to ask for a hardship license since my car is my livelihood. Without a car, I will not be able to work and seek alcohol treatment or pay my court fines.

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Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Your license will be suspended for a year. You can get a restricted license after a few months. The DMV does not care about your hardship.
Answer Applies to: California
Replied: 9/5/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your license will be suspended. You may apply for a restricted license.
Answer Applies to: California
Replied: 9/4/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It will be up to New York State DMV as to whether they will grant you a conditional license. I doubt any judge will grant you a hardship license with two DWI in a year.
Answer Applies to: New York
Replied: 9/3/2012
Douglas M. Philpott, P.C. | Peter J. Philpott
Yes for one year.
Answer Applies to: Michigan
Replied: 9/3/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Upon conviction for a second DUI, particularly within one year. There is normally a one (1) year suspension of your driver's license. There is no provision in Alabama for any permittable driving while your license is suspended.
Answer Applies to: Alabama
Replied: 8/31/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    A second conviction is some states will cause a 5 year revocation. You may have to wait 2 years to apply for a hardship and even then it will require a court action depending on the state where you live. These requirements vary from state to state but most states treat a second offense in such short time quite severely. You need to obtain local counsel immediately to see if you may have any defenses to the charge.
    Answer Applies to: Missouri
    Replied: 8/31/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Kiss your license goodbye.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Your driver's license will be suspended by the Secretary of State and there is no hardship appeal until at least 5 years have passed. There is no hardship appeal to circuit court that would be available to you.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    Michigan is really tough on repeat drunk drivers. If you are a Michigan resident and a Michigan licensed driver, and you receive two drunk driving convictions (this includes OWI, DUI, Impaired, etc.) within a seven year period of time, your driving privileges are revoked for one year. Revoked means you have no driving privileges of any kind. You will not be able to get a hardship or restricted license. After your one year revocation period is runs, you have to apply to the Driver Appeal and Assessment Division of the Secretary of State for driving privileges. That is a tough process, and you should work with an attorney who regularly practices driver's license restoration. The bad news is, if you get that second conviction, you will not be able to drive legally for one year.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    This is up to the Secretary of State in Michigan and depends on your driving record.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Universal Law Group, Inc. | Francis John Cowhig
    The law requires that your driving privileges be suspended for 2 years, however it may be possible to obtain a restricted license from DMV. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Your license will be suspended at the DMV for 1 year. On top of that, the court will suspend it for 2 years. The two suspensions can run concurrent, however. You are only eligible for a restricted license in certain counties, and even then you must serve 90 days of suspension first in those counties. Contact a DUI specialist ASAP, because you have only 10 days.
    Answer Applies to: California
    Replied: 8/30/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    NJ is tough 2 years suspension, no hardship license.
    Answer Applies to: New Jersey
    Replied: 8/30/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If convicted (or lose your dmv hearing) then yes, license suspension. Are you under 21? Was your license still suspended from your 1st DUI? Sounds like there is a probation violation issue here too. 2nd DUI penalties are more serious than 1st offense DUI.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    If you are found guilty of your 2nd DUI offense in Illinois - the Secretary of State will revoke your drivers license. You will not have driving privileges until you have a hearing with the Secretary of State seeking reinstatement.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your license will be revoked and you may not be able to get a conditional license if you attended Drinking Driver School within the last 18 months. You may have to get an ignition interlock when you do get your license back at your expense for 6 months. A second DWI is very serious and may result in a jail sentence depending on the circumstances. You should retain a good criminal lawyer.
    Answer Applies to: New York
    Replied: 8/30/2012
    Lee Law Group | Ernest Lee
    Friend, IF you are convicted you may, most probably, be able to get restricted driving privileges for work, or treatment. But you should be trying to keep your license not already have it surrendered and seeking limited driving privileges. Perhaps you can 'beat the rap' as they say and be acquitted or get the case dismissed.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    Yes in MI.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Absolutely your license will be suspended. A second conviction within a 7 year period results in the loss of license for 2 years (if your breath test was less than .15). If your breath test is .15 or higher, or you refused to take the test, then you lose your license for 2 1/2 years. Once the license suspension has run its course and you get your license reinstated, you will have to have an interlock on your vehicle for at least 1 year. You WILL NOT be eligible for a hardship license. The fact that you might lose your job, or it creates a problem for you getting to alcohol treatment is of no consequence to the judge or court. I suggest that you hire an attorney. If you have not had a deferred prosecution before, that may help you. If you are currently on a deferred prosecution for your first DUI, you have even bigger problems. Even without being on a deferred prosecution, the probationary period for a DUI is 5 years. As such, you are in violation of probation. You are looking at mandatory jail time for your violation on the 1st DUI, PLUS a mandatory minimum of 30 days (possibly more) for your second violation.
    Answer Applies to: Washington
    Replied: 8/28/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes - it can last for two years.
    Answer Applies to: New Jersey
    Replied: 8/28/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    I would expect the State to suspend your license for at least 1 year for a second occurrence of DUI.
    Answer Applies to: Kansas
    Replied: 8/28/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    License gets take for at least one year. You can get an ignition interlock device on your car prior to that time.
    Answer Applies to: Nebraska
    Replied: 8/28/2012
    Pietryga Law Office | Russ Pietryga
    Utah does not give conditional licenses. In fact, if you do not request a dmv hearing, Utah's Driver License Division will automatically suspend your license. However, if you prevail at the Driver License Division, there is a chance you will not lose your license. There are a lot of factors that determine your driver license suspension.
    Answer Applies to: Utah
    Replied: 8/28/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you are facing DWI, 2nd offense which is a Class A Misdemeanor which has a maximum punishment of 12 months in jail and $2,000 fine plus 24 % penalty assessment. The minimum penalties is 30 consecutive days in jail following by a 7 day Multiple Offender Program; $750 fine plus $180 penalty assessment; 3 year loss of license. This does not include any further suspension from the Department of Safety for violation of the implied consent laws. You should immediately retain an experienced NH DWI attorney to represent you.
    Answer Applies to: New Hampshire
    Replied: 8/28/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    License suspension for a second DUI offense is mandatory.
    Answer Applies to: Utah
    Replied: 8/28/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    With a prior offense you face, upon conviction, a 2 year+ license revocation depending on your BAC level. 3 years if you refused and you blew over a .15.
    Answer Applies to: Washington
    Replied: 8/28/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are in deep trouble. If you are found guilty as charged your license will be revoked for a period. You need an aggressive attorney.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, your license will be revoked. You can participate in the "Ignition Interlock Program" which allows you to drive as long as your vehicle is equipped with a device that does not allow the vehicle to start, or continue operation, if you have alcohol on your breath. It will also report any alcohol detected to the Department of Public Safety. This program is not without cost and you are expected to remain current with payments. You should receive information concerning the program when you attempt to reinstate your license.
    Answer Applies to: Minnesota
    Replied: 8/28/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    A conviction for a second offense will result in a license revocation; you will also get a license suspension for either failing or refusing a test. You are not eligible for a permit during the time of the suspension. If you need to drive, you need to contact an attorney immediately to see if you have any defenses to your case.
    Answer Applies to: Illinois
    Replied: 8/28/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Two DUI type convictions within 5 years results in a loss of license there is no hardship license you need to fight and win.
    Answer Applies to: Colorado
    Replied: 8/28/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Yes. Your license will be suspended. It is possible to apply for a harship license but that is entirely within the control of the DMV.
    Answer Applies to: California
    Replied: 8/28/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Nothing is "automatic" it might be possible to win the hearing if the facts are right.
    Answer Applies to: Colorado
    Replied: 8/28/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN you are eligible for interlock which gives you the ability to drive at any time as long as you blow 000's into the machine. Seek representation.
    Answer Applies to: Minnesota
    Replied: 8/28/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If you are convicted of DWI 2nd offense, your license will be suspended for 2 years. You will not be able to get an occupational license for at least 1 year. (They call this a hard suspension - as a result of 2 DWIs within a 5 year period, there is a period of time in which you cannot get an occupational.) I suggest you hire a GREAT lawyer to work the case for a dismissal, not guilty, or another offense (like reckless driving) or you will be in a tough spot.? ? Also, you need to get help. Check with your lawyer and with your insurance company about in-house treatment. This could help on the outcome of your case. (Do not do anything without first consulting the lawyer who will represent you.)
    Answer Applies to: Texas
    Replied: 8/28/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. The revocation for a second DWI within ten years of a first is 6 months to one year. You have thirty (30) days to challenge that revocation by filing a Petition for Judicial review. This is a separate case from the criminal case.
    Answer Applies to: Minnesota
    Replied: 8/28/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Your license will be taken for at least 2 years for a 2nd offense OUI/DUI in MA. There is no hardship license available until you have had no license for at least 1 year. You may then apply for a hardship license and will need to use a breath interlock device for at least one year before getting an unrestricted license. The court has no sympathy for your life requirements. They coldly view these as things that you should have considered before driving while under the influence.
    Answer Applies to: Massachusetts
    Replied: 8/28/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    There are mandatory suspension times for each DUI. If you want to have any chance of keeping your license, you need to get an aggressive attorney representing you right away.
    Answer Applies to: Georgia
    Replied: 8/28/2012
    Steven Alpers | Steven Alpers
    Unfortunately, there is a mandatory 1 year suspension for a 2nd dui. If you did not ask for a hearing that suspension may have already started.
    Answer Applies to: California
    Replied: 8/28/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/29/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The arresting officer should have given you a hearing request form at the time of your request. You need to fill it out ASAP. DOL has already instituted suspension proceedings against you and they will be final unless you request a hearing. The good news is you are eligible for an ignition interlock license. You can find that information on the Washington State Department of Licensing web site.
    Answer Applies to: Washington
    Replied: 8/28/2012
    Law Office of Ismail Mohammed | Ismail Mohammed
    Did you plea out on your first OUI. If so, this OUI will suspend your license for two years. You will not be eligible for a hardship license for one year. You should speak with an attorney before you proceed.
    Answer Applies to: Massachusetts
    Replied: 8/28/2012
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