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What do I need from the DMV after a DUI?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Your interaction with DMV after you are arrested for a DUI depends on your needs and the stage of your case. Immediately after your arrest, you will likely want to request an administrative hearing. If you have already been convicted, you may want to request restricted driver’s license.
Administrative Hearing
A person who is facing DUI charges may have his driver’s license suspended twice. One suspension will come in the form of a criminal punishment if you are convicted. The other suspension can be imposed by DMV.
When a person fails an alcohol or drug test that results in DUI charges, she is entitled to a hearing at the DMV before her driving privileges are suspended. This hearing is not automatically scheduled and there is normally a limited amount of time to make a request for it. This means that you need to contact the DMV immediately if you want the opportunity to protect your license from administrative suspension.
Restricted Driver’s License
You may be able to get a restricted license that will allow you to drive for specific reasons. Once again, although you may be eligible, the privilege will not be extended automatically. You will have to follow a procedure, which generally involves contacting the DMV to schedule a hearing. In most states, there is a waiting period before you can apply for restricted privileges, so you will need to determine whether you have met that requirement.
Handling a DUI can be complicated and usually requires specialized legal skills. For best results, you should seek advice from an experienced drunk driving attorney.
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