Being arrested for a DUI can result in a wide range of penalties. Depending on the nature of the circumstances surrounding the arrest, people might be made to pay a fine, attend counseling classes or even spend some time in jail. However, alongside all of these one of the most important disadvantages of being convicted of a DUI is the stripping of a person’s driving license and privileges.
In the event of a DUI charge, different states have different laws surrounding the removal of a person’s driver’s license. In some states, charged drivers are immediately stripped of their licenses, while in other states such individuals are given a window during which their case can be argued before the decision on whether to suspend the driver’s license is taken. Failure to take advantage of this period of grace will then result in the automatic suspension of a driver’s license and privileges. This act is known as either an administrative license revocation or suspension. More often than not, such suspensions are found in cases where individuals have been caught driving above the legal BAC specified limits of the state. They are also found to be independent of an individual’s DUI proceedings at court.
In the event that after their arrest a person refuses to allow the administering of a chemical test (blood, breath, urine or otherwise), most states will usually automatically have the driver’s license of these uncooperative parties suspended. It is therefore a good idea to submit to these tests if a request to this effect is made. An important point to note is that DUI convictions are not restricted to just the boundaries of a state. They will therefore affect your license even if you live in another state.
In order to avoid this and still keep your driver’s license, you will require the assistance of a skilled DUI attorney. With a DUI attorney, the proceedings of a DMV as well as those of the court can be effectively handled. This is crucial because in most cases the decision on whether to suspend your license or not is often affected by the outcomes of a person’s court case. Given the importance of avoiding a license suspension, it is generally advised that such suspensions be fiercely challenged. In the events that this fails, there are other licenses which can be applied for at a DMV hearing which allow the owner special driving privileges limited to specific locations such as work or school. A DUI lawyer will again be hugely beneficial in situations such as these.
The effects of a DUI on your driving record are long reaching and will affect the life of a person even after the return of his license. People who have such records will find that their insurance rates thereafter become much steeper. A DUI conviction will also not sit well with potential employers who wish to hire a person to drive vehicles belonging to the company. A person may well lose the job opening in such instances. All this is possible because once listed in the records of the DMV, the details of a person’s DUI will be open to the viewing of such people. To discover if these records are reflected in your driving record, it is possible to request a copy form the local DMV.
It is wrong to assume that a DUI violation is removed from your DMV record after a period of time (i.e. 5 years). Most times, a DUI will remain on a person’s record for many years. Some states actually insist that these records remain sealed and unchanged regardless of the period of time that has gone by. In the event that a person’s state does permit the removal of these records after a specified period has elapsed, such removals will often involve an extremely long and complex process. A DUI lawyer will be of benefit in such situations. With his/her aid, the removal of these records will be done at a much faster rate.
Author Resource:-
Colin Daives writes general information articles about a variety of legal issues. His articles are not legal advice. For more information, or to speak with a professional criminal or DUI lawyer in Colorado, visit http://www.rosenthal-law.net
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