License suspension is one of the most well-known and common consequences of a DUI conviction. DUI laws will vary by state, but regardless of a person’s specific locale, they’ll more than likely have their license suspended on the spot. In some states, police will provide a provisional license until the individual’s court appearances related to the charge are over. This doesn’t mean, though, that they’ll have full driving privileges.
The best case a person could build for keeping their driver’s license is to have their DUI dismissed or be found not guilty. Though many individuals think a failed Breathalyzer or field sobriety test constitutes an automatic conviction, this is simply not the case. In fact, there are several defenses to a DUI charge:
- Improperly calibrated Breathalyzers often produce false positives
- Certain dieters and people with diabetes can have false positives due to high acetone levels
- Police can improperly use Breathalyzer machines in a way that may not get a proper readout
- The National Highway Traffic Safety Administration lists certain field sobriety tests as unreliable
Fighting a Suspension
It should also be noted, however, that it doesn’t always take a dismissal or acquittal to keep one’s license. A driver’s license suspension is administrative as opposed to criminal in nature. This means that it’s a states license issuing body that actually suspends the license. Because of this, a person can usually appeal their suspension decision within a certain amount of time. One San Bernardino DUI law firm lets its clients know that when they have been arrested for DUI, they have only ten days to save their license from suspension or revocation. In most states ten days is the norm.
In her more than 12 years as an NBC Affiliate journalist, Nicole Bailey-Covin has reported many DUI Awareness stories. In Interviewing legal representatives from the arresting officers to lawyers like those at the San Bernardino DUI law firm, the best advice to give a person arrested for DUI is to find an attorney right away, and learn their legal rights.