Get Your Driver's License Back

1. TEMPORARY DRIVING PERMIT:

Did you know that you have 10 days from the date you are arrested to obtain a temporary driver's license permit. If the correct paperwork is not filed with the DMV within those 10 days, your driver's license will be automatically suspended. We will file the correct paperwork to ensure that you get your permit.

A temporary driver's permit lasts for 42 days from the date the DMV issued your temporary driving permit. Unlike a normal driver's license, you will be allowed to use your temporary permit FOR BUSINESS PURPOSES ONLY. Business purpose means that you can only drive for BUSINESS, EDUCATION, MEDICAL, OR RELIGIOUS reasons.

2. FORMAL REVIEW HEARING:

During the time you have your temporary driving permit, we schedule a formal review hearing. This hearing gives us the opportunity to win back your full driver's license privileges. At the hearing, we will subpoena the police officer and question and cross examine him or her before a DMV hearing officer. We will demand that the police officer produce the evidence he/she allegedly has against you. The evidence includes but is not limited to your: (1) police report (2) breathalyzer results (3) roadside video and (4) jail video. After the hearing is over, the DMV will issue an order within 7 days telling us whether or not we have won back your full driver's license privileges.

If we win you can go to the DMV and get back the same driver's license privileges you had before you were arrested. If we are unable to win the hearing, one of two things can happen to you:

First, if the DMV finds that your blood alcohol level was .08 or higher, you will lose your license for 6 months from the date you were arrested. However, you are eligible for business purpose license during those 6 months, but you must serve a 30-day HARD TIME NO DRIVING PERIOD from the date your temporary permit expires. Once your 30 day period expires, you can go to the DMV to obtain business purpose license.

Second, if the DMV finds that you have refused to give a breath test, you will lose your license for 12 months from the date you were arrested. However, you are eligible for a business purpose license, but you must serve a 90-DAY HARD TIME NO DRIVING PERIOD from the date your temporary permit expires. When your 90 day period expires, you can go to the DMV and obtain a business purpose license.

Please note, that when you go to the DMV to get your Business Purpose License after your 30- or 90-day HARD TIME NO DRIVING PERIOD expires, you must enroll in DUI SCHOOL before you can get your business purpose license.

3. COMMERCIAL DRIVER'S LICENSE (CDL) ISSUES

CDL's are different from normal class E driver's license suspensions, because the consequences and sanctions are much more severe. Just like a normal DUI suspension, you are entitled to a temporary driver's permit and a formal review hearing. However, you are NOT entitled to a CDL temporary driver's permit. This means you cannot drive a commercial vehicle for any reason during the 42-day time period in which you have your temporary driver's permit. But, if we win your formal review hearing, then you can get your full CDL driver's license privileges restored.

If you refuse to give a breath sample, you will lose your CDL for one year. Additionally, you are never entitled to have a CDL Business Purpose License.

If it is the second time you refused to a give a breath sample, your CDL will be permanently revoked.

As of October 1, 2008, if you are convicted of DUI, while driving your personal vehicle and not a commercial vehicle, you will still lose your CDL for one year.

If you are convicted a 2nd time for DUI, you will lose your CDL permanently.

4. FAQ

What if I have refused to give a breath test before?

If you have refused to give a breath sample once before, you will not be eligible for a business purpose hardship license and you must serve the full term of your driver's license suspension

If I had a prior DUI reduced to a Reckless Driving, will my new DUI count as a 2nd DUI? No, you must have been convicted of DUI for it to count against you.