There are certain standard penalties that the courts tend to impose in a driving under the influence (DUI) case. Those penalties include fines, probation, incarceration and driver’s license suspension. Certain aspects of sentencing depend on the discretion of the courts. State law provides generalized guidelines for the minimum and maximum penalties that apply.
Those facing a first DUI charge may hope for lenient treatment. Retaining driving privileges may be a top priority, as a driver’s license suspension could affect the defendant’s finances or ability to do their job.
Can a driver accused of a DUI offense keep their driver’s license?
Drivers have to act quickly
Many people do not realize that a conviction isn’t actually necessary for a DUI charge to cost a driver their license. Driver’s license suspension is one of the penalties imposed by the criminal courts, but the driver accused is also at risk of an administrative driver’s license suspension.
The state automatically moves to suspend the driving privileges of motorists who fail or refuse chemical breath tests. First DUI charges can result in up to a 12-month administrative license suspension that begins 30 days after the arrest.
In some cases, drivers may be eligible for a limited license/permit after serving the first 30 days of their suspension if they install an ignition interlock device (IID) in their vehicle. Thankfully, defense attorneys can request a hearing during those 30 days to defend their client in front of an administrative law judge.
If the hearing is unsuccessful or if a defendant doesn’t request a hearing in time, any time served during an administrative suspension can reduce how long they lose their license after a conviction. Those who refuse a chemical test after a DUI arrest are subject to a 12-month license administrative suspension without many alternatives.
What happens after a trial?
In scenarios where defendants get convicted at trial or enter a guilty plea to a pending DUI charge, a first offense can carry up to a 12-month license suspension. As previously noted, they may be eligible for a credit based on the administrative license suspension they may have already endured.
Those who want to preserve their driving privileges need to respond promptly after a DUI arrest to prevent an administrative license suspension. They also typically need help developing a DUI defense strategy to avoid a conviction. Learning more about the rules that apply in DUI cases can help drivers avoid expensive and embarrassing legal consequences.