Been charged with Driving While Under the Influence?
For many, the worst part of a DUI charge is not the criminal aspect but rather the prospect of losing your driving privileges.
This is the second head of the Driving While Under the Influence of Alcohol charge that must be attacked with a separate plan of action.
State laws vary, but in general when charged with a DUI you will face losing your license for a minimum of 30 days to 1 year. Regardless of the length, almost all states require what is called a "hard suspension". A hard suspension works like this - the Department of Transportation in your state will suspend your license. During the suspension you can apply for a "work permit". A work permit allows you to drive to and from work only. Please note if you get stopped or if someone runs a red light and runs into you while driving when you are not supposed to, you will be in deep trouble. It is not worth the risk. Before you are granted a work permit there will be a period of time (up to 1 year depending on severity of your DUI charge) - you will not be allowed to drive anywhere - anytime.. This is known as the hard suspension.
If charged with a DUI paying the fine may not be a large obstacle. You may be able avoid jail time. But imagine not being able to drive your car for any reason at any time. This DUI charge may now well cost us our jobs.
What most people do not realize is this penalty from the DOT is completely and totally separate from the criminal side. You may get a top notch DUI attorney to get you probation or even acquitted of the charge. The DOT can still revoke your license. They do not answer to the legal system and can rarely be appealed. When looking for a DUI Attorney you need to ask them about their qualifications and past results from working with the Department of Transportation. Winning the criminal side of your DUI case is less than half of the battle.
Here is an example of the power of the DOT. It is taken from the Iowa Appeals Records. A truck driver was pulled over for Driving Under the Influence of Alcohol. The driver felt it was an illegal stop and hired a DUI lawyer to fight the case. He won. However, the DOT still suspended the drivers license for 1 year. The DOT said that even though it was ruled an illegal stop and he was not guilty of the DUI - the BAC test still showed he was truly Driving Under the Influence. Due to the power and uniqueness of the DOT - the DOT decision was upheld.
Bottom line - do not take on the DOT lightly or by yourself. Find a qualified DUI Lawyer that has experience in working with the DOT.
(disclaimer) State laws may vary. Please consult an attorney for legal advice on actual application in your state