You may face drivers license suspension for various reasons like driving under the influence of intoxicants (DUI), speeding beyond the speed limit, hit and run case and so on. However, the most common reason for the suspension is the drunken driving. Immediately, your driver’s license may get suspended on the spot. The period of suspension depends primarily on your driving record. It may be longer if there are multiple records of drunken driving. Whatever might be the duration, you should be aware of how to reverse this driving license suspension.
On receiving the license suspension notice, you can appeal the suspension within the 15 or 10 days (depending on the state laws) time limit. If you fail to appeal within this time period, automatically the suspension will be imposed for a period of 180 days for the first-time offenders and up to 2 years for the second-time offenders.
Once you appeal your suspension, you will have to defend your case in the court headed by the Administrative Law Judge of the State Office of Administrative Hearings. You may be able to strongly defend your case if you take the help of an attorney. In these hearings, you will not be provided with a public defender and hence it is your responsibility to hire an attorney for defending your case.
On receiving a suspension notice, you will be given a temporary license during the court hearing period. In this duration, you will have to install the Breath Alcohol Ignition Interlock Device (BAID). This device will let you to start the motor vehicle only after you blow into it and if your blood alcohol level is in the permissible level. Keep your record clean of drunken driving during this period.
With the help of your attorney, face the DMV hearing and defend yourself – in case you cannot achieve the complete dismissal of drunken charges, you can also work towards reducing the duration of the suspension. On contrary, your license suspension will be reversed if you win the case. Your suspension will also be reversed if you could succeed in proving your case in the criminal proceedings of drunken charges.
Many amendments keep coming in the road safety and motor vehicle laws, and hence, the reinstatement of the license suspension may be quite complicated. Hence, take the help of an attorney who has sufficient experience in driving license reinstatement cases.