How to Retain Your License After a DUI Charge

1

Facing a DUI charge can have serious implications for your driving privileges, often leading to a suspended or revoked license. But there are ways to retain your license – even after a DUI charge – if you know how to proceed.

If you know how to navigate the legal process and take action quickly, you can increase your chances of keeping your license or at least minimizing the length of your suspension.

1. Contact a DUI Attorney Right Away

After being charged with a DUI, the very first thing you should do is contact an experienced DUI attorney. The legal process surrounding DUI charges is complex, and trying to navigate it on your own can lead to costly mistakes. A qualified attorney who specializes in DUI cases will understand the legal system and can help you identify the best course of action.

Your attorney can review the details of your arrest to ensure that law enforcement followed proper procedures. If there were any violations during your arrest, such as lack of probable cause or improper handling of evidence, your lawyer may be able to use that to your advantage, potentially getting the charges reduced or dismissed.

2. Request a DMV Hearing Promptly

In many states, after a DUI arrest, your license can be automatically suspended by the Department of Motor Vehicles (DMV) unless you request a hearing within a specific timeframe.

In South Carolina, for example, there's a criminal charge and a civil case. The civil case involves the South Carolina DMV. Individuals have the right to request a hearing before the DMV within 30 days of the arrest. If successful, an attorney can help the individual retain driving privileges.

At this DMV hearing, you’ll have the opportunity to contest the automatic suspension of your license. The hearing will focus on the circumstances surrounding your arrest, such as whether you refused a breathalyzer or blood test and whether law enforcement had grounds to stop you.

3. Comply with Temporary License Requirements

If your license is suspended temporarily after a DUI arrest, you may be eligible for a restricted or hardship license that allows you to drive under specific conditions. In many cases, a restricted license will enable you to drive to and from work, school, or medical appointments, ensuring you can still handle essential responsibilities.

To obtain a restricted license, you’ll need to comply with certain requirements, which may include installing an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer device that prevents your car from starting if you have alcohol in your system. While having an IID installed can feel inconvenient, it’s a better alternative to losing your driving privileges altogether.

Each state has its own rules regarding restricted licenses and IID installation, so it’s important to work with your DUI attorney to understand the specific requirements in your area and to ensure that you follow the correct procedures.

4. Consider Plea Bargains and Lesser Charges

Another way to potentially avoid losing your license after a DUI charge is by negotiating a plea bargain with the prosecution. In some cases, your attorney may be able to negotiate for lesser charges, such as reckless driving instead of DUI.

Plea deals can vary depending on the circumstances of your case, your prior driving record, and whether you’ve faced DUI charges before. If this is your first offense and there were no aggravating factors (such as a high blood alcohol content or involvement in an accident), you may have a better chance of securing a plea deal that avoids a full license suspension.

If you can plead guilty to a lesser charge, the penalties may be reduced, and your license suspension could be avoided or shortened. However, this is a decision that you should make with your attorney’s guidance, as every case is different.

5. Complete Required DUI Programs

In some states, you may be required to complete a DUI education program or alcohol treatment as part of the process to reinstate your driving privileges. These programs typically cover the risks of driving under the influence and may include counseling or therapy for alcohol-related issues.

While completing a DUI program can seem like an added burden, it’s often a necessary step in retaining your license. Courts and the DMV will view your participation as a positive step toward rehabilitation, which can influence their decision when it comes to reinstating your driving privileges. (In some cases, successfully completing a DUI education program can reduce the length of your license suspension or make you eligible for a restricted license.)

6. Maintain a Clean Record During the Process

One of the best ways to improve your chances of retaining your license after a DUI charge is to maintain a clean record during the legal process. This means avoiding any additional traffic violations or legal troubles while your case is being resolved.

Courts and the DMV will take your behavior into account when determining whether to reinstate your license. If you’re caught driving without a license or violating other laws, it will likely hurt your chances of keeping your license or obtaining a restricted license.

Putting it All Together

A DUI charge is serious business – and it’s not something that you can take lightly or ignore. In fact, you need to be as proactive as you can possibly be. By hiring a good DUI attorney and following their advice, you can put yourself in a position to be as successful as possible – potentially reducing your charges in the process.