- October 20, 2021
According to the National Highway Traffic and Safety Administration, there were 10,511 fatalities in motor vehicle traffic crashes in which at least one driver had a BAC of .08 g/dL or higher in 2018. So if you’re involved in a DUI arrest, you are probably wondering what will happen to you next. The consequences of a DUI arrest include many things ranging from going to jail to losing your license.
This article explores what happens to your license after a DUI arrest. Do you still hang on to it, or is it suspended for a period? Find answers to them below. If an officer arrests you for a DUI, you should speak to an Orangeburg DUI attorney today.
Types of License Revocations After a DUI Arrest
In 2016, the police arrested more than 1 million drivers for driving under the influence of alcohol or narcotics. There are two main types of license revocations you can receive after a DUI arrest. This includes the following:
Civil Revocation
The most common revocation is the 30-day civil revocation. The police issue this at the time they charge you with an implied consent offense. After a DUI arrest, the police could take away your driver’s license when they arrest you.
There are two main reasons for this. First, if you have a breath alcohol test result of 0.08% or more, they could seize your license. The second reason is if you refuse a breath test or if the police have reasonable suspicion for a DUI arrest.
The police then send your license to the Department of Motor Vehicles; they will then issue you a citation which is a temporary license that will only last for ten days. You will be able to use this license to drive anywhere within those ten days.
However, if the officer follows due procedures and your revocation is valid, you can pay a $100 fine to restore your full driving privileges. If you do not pay the fine, your revocation could go on forever.
After ten days, your lawyer can petition the court to grant you a limited driving privilege to go to work. The court would typically approve this to run from Mondays to Fridays between 6 am and 8 pm. To qualify for this, you would have to subject yourself to a pretrial substance abuse assessment.
Post-Conviction Revocation
All first-time offenders have their license revoked for one year upon conviction for a DUI/DWI. However, if you had a prior DWI conviction three years before your recent DWI case, you will lose your license for four years.
In addition, if your current DWI is your third DWI conviction in 10 years, the courts will permanently revoke your driver’s license. If it is your fourth, you may be able to petition the DMV after two years of getting a revoked license. For a habitual DWI, you would need to wait ten years before you can petition the DMV for a restoration.
What Happens if the Police Seize My Temporary License?
If the police seize your temporary license, you may still be eligible for limited driving privileges for a court fine of about $100. This can occur under the below-listed circumstances:
- Holding a valid driver’s license at the time of the offense
- Not getting a DWI/DUI conviction within seven years of the arrest
- Not receiving further DWI charges or convictions after the police charges you
- Obtaining a DWI substance abuse assessment and presenting it to the judge
If you fall under any of these categories, you could obtain limited driving privileges. However, you should note that these come with a time limitation. As already mentioned, the standard hours for driving privileges are from Monday to Friday, between 6 am to 8 pm.
Of course, these might pose a problem, especially if you have to work outside these hours. However, a letter from your employer would help to resolve that. You also need to obtain a DL123 form from your insurance company that establishes your insurance status within 30 days of seeking the privilege.
Contact an Orangeburg DUI Lawyer Today!
If you or your loved ones are facing DUI charges, you should contact an Orangeburg DUI attorney today. We will review your case and ensure that you can get off with the most reduced consequences possible. We can also help you get your license suspension revoked, so you can go about doing your essential activities. Ready to get started? Schedule a free consultation with an Orangeburg DUI attorney today.
