Upon your DUI arrest, your driving privileges are administratively suspended. For a first arrest for unlawful breath or blood alcohol level (UBAL), the suspension period is six months; for a second or subsequent UBAL arrest the period is one year. For a first refusal to submit to a breath test, your license is suspended for one year; for a second or subsequent refusal, the period is 18 months.

Your DUI citation serves as your temporary driving permit for ten days after your arrest. You must request an administrative review hearing with the DHSMV within ten days. Otherwise, you will lose your driving privileges on the 11th day.

When you hire us, we file the paperwork with the DHSMV for you. The DHSMV then issues a temporary driving permit, usually for a period of about six weeks. We forward the permit to you. During the six week period, we obtain and review the DHSMV’s file and attend the administrative review hearing. Sometimes, the hearing is continued and we are able to obtain an additional extension of your temporary driving permit.

We review the file to determine the sufficiency of the evidence. If we determine that the evidence is insufficient, we seek to invalidate the license suspension on that basis without subpoenaing witnesses. Otherwise, we subpoena witnesses. If one or more witnesses fail to appear, or if their testimony furnishes a basis for challenging the validity of the suspension, the suspension may be invalidated.

The hearing is held before an administrative hearing officer. If the officer invalidates the suspension, your driver’s license will be returned to you unless it is suspended for some other reason. If the officer sustains the suspension, you will be unable to drive for a period of 30 days in the case of a UBAL suspension, a period of 90 days in the case of a first-time refusal to submit to a breath test, or the entire 18-month period in the case of a second or subsequent refusal. After this period of “hard suspension,” you will be eligible to apply for a hardship license.

Even if your license suspension is sustained by the hearing officer, there are benefits to having petitioned for administrative review. You were able to extend your driving privileges for at least six weeks, sometimes longer. In addition, we were able to preview the evidence against you by reviewing law enforcement records and in many cases examining law enforcement witnesses. This information often proves invaluable when defending you in the criminal case.

It is important to understand that the administrative review proceedings are separate from the criminal case. The outcome of one does not affect the outcome of the other. When you hire us, we represent you in both proceedings and seek to obtain the best overall result for you.