What are the immediate concerns?
A person arrested for Driving Under the Influence (DUI) faces two immediate legal problems: (1) a criminal prosecution and (2) an administrative driver's license suspension. A criminal prosecution happens in a court of law and if you lose, you are convicted of a crime. You then will face mandatory jail, fines, probation and other sanctions.

Separate from court is the process of administrative license suspension, which happens at the Department of Licensing (DOL). If you lose at the DOL you are not convicted, but you have suffered "administrative action" which resulted in the loss of your license to drive. The DOL punishes you by taking action against your license even if you are ultimately found innocent of the DUI charge.

Your DOL case begins with the police officer punching a hole in your driver's license and sending a report of your arrest to the DOL. The hole in your driver's license is an indication that your license will expire sixty (60) days from the date of your DUI arrest. Then, your license suspension or revocation starts, unless you elect to fight it by requesting and then winning an administrative hearing at the DOL.

If your took the breath test and the reading was at or above the legal limit, your license will be suspended for a minimum of ninety days and up to two years, depending on your record.

If you refused to take the breath test, your license will be revoked for one year and up to two years, depending on your record.

This next information is critical. Your only chance to avoid automatic license suspension is by timely requesting a hearing with the DOL. The officer who punched your license should have given you a notice that the DOL will suspend your license and a Driver's Hearing Request form. If you took a blood test, usually the DOL will send to you notice of your license suspension and the request form. You will need to make your request for a hearing within 30 days from the date you received the notice of your arrest and include a check for $200. The $200 filing fee may be waived if you are indigent. If you fail to timely request a hearing with the DOL, your license suspension or revocation will go in effect automatically on the sixtieth day from the date of your DUI arrest. Remember: Thirty Days. If you are one day late in requesting your hearing, you will have given up the opportunity to defend against your automatic license suspension. This is true even if you have valid legal defenses to the DOL action and even if you are found innocent of the DUI charge.

For most people, the opportunity to fight to save the driver's license is critical. You should contact the best DUI defense attorney you can find immediately after your DUI arrest so that you can be sure you have not missed any mandatory deadline affecting your privilege to drive. Experience counts. A good attorney will know what to do to help you.