After being charged or convicted of a DWI or DUI, many drivers lose their license privileges. Like the length of the suspension period, the procedure to follow to regain a license depends on the jurisdiction where the alleged offense occurred.
It’s important that drivers find out the laws in their state before attempting to regain a license; the type of suspension drivers receive may prevent them from getting their license back as normal. For instance, the automatic administrative suspensions given to drivers who violate the implied consent laws in their states by refusing to provide Breathalyzer samples are usually irrevocable, and drivers simply have to wait the full suspension period before trying to appeal
License reinstatement isn’t automatic; even after verifying that they’re eligible and serving their sentences, previously convicted drivers usually need to request a hearing. The purpose of this court procedure is primarily to confirm that the motorist in question fulfilled the other stipulations of their sentence, such as installing a vehicle ignition interlock device or finishing an alcohol abuse program. Such requirements vary by state and the severity of the offense.
Drivers who haven’t yet been convicted may earn license reinstatement by requesting a formal DMV hearing; this hearing could also potentially prevent the DMV from automatically revoking a license. Although this procedure is different from the criminal hearing, many motorists seek legal counsel so that they can decide how best to present their argument to the hearing officer.
Those who want to obtain restricted licenses should note that in some states, this matter must be addressed separately from the DMV hearing. For instance, Californian motorists have to apply to normal DMV offices to get licenses that let them go to and from their places of employment. Motorists who receive administrative suspensions in states like Georgia may not be eligible for restricted licenses at all. To learn more about pursuing a license reinstatement, obtaining a restricted license or fighting a suspension at a formal hearing, contact a lawyer.