Ending a celebratory weekend with a DUI charge is probably something that you weren't expecting, yet it happened. The flashing red and blue lights and sound of a siren behind you. The rest of the evening is probably a blur. You more than likely spent time in a jail cell and, hopefully, sobered up enough before your arraignment. Chances are, though, that you need a little help from a DUI attorney for your next hearing. Obviously, you are concerned about whether or not you will lose your driving privileges. Here are a few things you should understand about all of the court processes you may need to go through.
Your driver's license status is a separate issue and handled by a DMV hearing
Before your criminal court hearing, the Department of Motor Vehicles of the state that issued your driver's license will hold a hearing to determine if you will lose your driving privileges. This determination will not be made on the outcome of the criminal court case but on the circumstances of your DUI arrest. The key factors in making this determination are what your blood alcohol content was at the time of the arrest and if you caused an accident or were seen to drive recklessly. Another thing that could factor into this decision is whether or not you refused a breathalyzer and if you were combatant at any time.
Your license may be suspended entirely, or you may be given a blow-n-go
Depending on the laws of your state, your license can be suspended entirely, or you may be given a restricted license. With a restricted license, you will be required to have a blow-n-go device installed into your car. You will also be unable to drive any other vehicle unless it has a blow-n-go device. If your blood alcohol content was high, you may also be required to have a surveillance camera installed in your vehicle, which will be watched by the DMV authorities occasionally to ensure that you are in compliance.
If your license is suspended entirely, you'll need to wait until after your criminal court hearing to see if you can get your license reinstated. While the decision to suspend a license is before the criminal case, a positive outcome may lead to a reversal of the suspension. If this is the case, your DUI attorney can help you file an appeal after your criminal case is won and you are acquitted.
For more information, contact an attorney like Kevin T Conway Esq Pc.