Does A DUI Arrest Automatically Mean Jail Time & A Suspended License?
Interviewer: What are the top misconceptions people have about DUI arrests?
Aaron: The first and greatest concern for a lot of people is that they are going to go to jail. In many, cases, they have just gotten out of jail and they do not want to go back.
With a first offense with no injuries- even if it is a high blood alcohol level-in almost every case that person will not go back to jail. Worst case scenario, they may have to do some days on the sheriff’s work program. An example is a trash pickup detail.
Another major concern is the driver’s license. People ask, “What is going to happen to my license?” That depends how the court case comes out and how the DMV hearing comes out. People need to know it is important to act quickly and request a hearing with the Department of Motor Vehicles.
A person has 10 days from the date of arrest to request this hearing. The day after the arrest counts as day one. Also, weekends are included when counting 10 days. A request made to the Department of Motor Vehicles for a hearing will stay suspension of the driver’s license.
Normally, if a hearing is not requested, 30 days after the arrest the license goes into suspension for a period of time. However, if we request a hearing, then the person can keep driving past the 30 days.
The person can keep driving until we have a result with either the DMV or the court. Only if one of those results is negative is the person likely to lose his or her license for any period of time.
Those are usually the two greatest concerns.
By Aaron Bortel
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