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DWI/DUI Defense

What do I need to worry about concerning my driver's license?


I just got arrested for DWI. What should I do?
How does a DWI investigation work?
The breath test said I had a blood alcohol content over the legal limit. Do I have a defense?
What is a partition ratio and how does it affect a breath test?
What do I need to worry about concerning my driver's license?
I cannot afford to have my license suspended or revoked. Is there anything I can do?
Beware the cheap lawyer!

When you are arrested for DWI, there are typically two separate actions which take place. First, the officer will submit your case to the prosecutor who will charge you with a crime. Secondly, the officer should give you a notice of suspension or revocation (it will look like this) and will take your driver’s license. If you do not request a hearing within fifteen days, the Department of Revenue will suspend or revoke your license.

If you do request a hearing, you will be issued a temporary license which will allow you to drive until the Department of Revenue hears your case and decides whether to suspend or revoke your license.

The criminal case and the Department of Revenue administrative hearing are two independent matters. Winning the criminal case will not make the administrative hearing go away.

If you have no prior DWIs in the past five years, you have a couple of options if your license will be suspended. You could surrender your license for thirty days and then have a strictly limited driving privilege for sixty days. You also have the option of installing an ignition interlock device in your car for a more relaxed (but still restricted) driving privilege for ninety days. Before you can have your license reinstated you must obtain an SR-22 proof of insurance from your insurance carrier. Without an SR-22, you would have to wait two years to get your license back. If your suspension is the result of a DWI conviction, you will also have to go through a substance abuse traffic offender program.

For a second DWI in a five year span, your license will be revoked for one year (or two years without an SR-22 proof of insurance). In order to get your license back, you will have to install an ignition interlock device. If your suspension is the result of a DWI conviction, you will also have to go through a substance abuse traffic offender program.

If you have a third DWI in a five year period, your license will be revoked and you will be unable to get it reinstated until you go five years without any alcohol or drug related convictions. You will need to petition the court to allow you to have your license back.

If you have a fourth DWI conviction, no matter how many years have passed since your prior DWIs, you will be denied a driver's license until ten years pass without any alcohol or drug related convictions. You will need to petition the court to allow you to have your license back. If you do get your license back after a ten year denial, you will not be allowed to petition the court again if you lose it.

At Baker Legal Services, we can represent you in both the criminal and administrative hearings to help you protect your driver's license.