Can You Fight DUI License Suspension?
One of the consequences of getting a DUI is an automatic suspension of your driver’s license, but there are ways to fight your DUI license suspension. Case in point, 2014 began with a WBBM investigative reporter, Dave Savini, planning to fight the suspension of his license following a DUI arrest, reports Media Bistro.
There are three basics to remember when it comes to fighting DUI license suspensions.
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1. Refusing a Breathalyzer test will automatically get your license suspended. Before you try fighting your DUI license suspension, it’s important to remember that refusing to take a Breathalyzer results in the automatic suspension of your license. This is due to all states having implied consent laws. Implied consent laws describe your implicit agreement, made in order to get a driver’s license, to be subjected to all field sobriety and chemical tests for DUI. And that includes Breathalyzer tests.
2. If you’re not convicted or your case is dismissed, petition to get your license reinstated. Although driver’s licenses are automatically suspended when you’re arrested for a DUI, you may be able to get it reinstated if your case is dismissed or if you’re not convicted. In Chicago, the Illinois Secretary of State issues driver’s licenses and handles the reinstatement of licenses.
To get your license reinstated, you must request an informal or formal hearing with a Secretary of State hearing officer. Contact a Hearing Officer Facility Location to schedule a consultation.
3. Request a conditional license. Even though your license has been suspended, you may be able to request a conditional license. A conditional license allows you to drive to and from work during working hours, to school, or for medical treatments. In order to obtain a conditional license, you must show proof of employment or enrollment in school. Conditional licenses are granted on a case-by-case basis.
Fighting a DUI license suspension can be difficult to do on your own. If you need more help, consult an experienced DUI attorney in Chicago for more information.
Related Resources:
- TV reporter to challenge driving suspension after DUI arrest (The Chicago Tribune)
- How Much Will a DUI Conviction Cost You? (FindLaw’s Chicago DUI Blog)
- DUI Arrests (FindLaw)
- State-by-State DUI Penalties (FindLaw)
Source: http://chicagoduilawyersblog.com/2014/01/can-you-fight-dui-license-suspension.html
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