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Southwest Florida

DUI and your Drivers License Lawyer

Your drivers license is one of the most important resources you have. People need their car to drive to work, to drive their children to and from school, to go to the doctor and to run errands for their household. When you lose your driving privileges it negatively impacts your life in enormous ways. A DUI arrest will result in issues regarding your drivers license and your driving privileges (please see the Department of Motor Vehicle Hearing tab on this website under DUI Defense for a discussion of how to fight the DMV to keep your license following a DUI arrest).

Hardship License

If you do lose your drivers license due to your DUI arrest a lawyer from Viacava & Cantor can help you regain any driving privileges that are available to regain. One avenue a DUI Defense lawyer from Viacava & Cantor will explore is the option of obtaining a hardship license. A hardship license allows you to drive for limited specified circumstances such as going to work.

Hard Suspension

Following an arrest for DUI a lawyer from Viacava & Cantor can request a formal review administrative hearing from the DMV regarding your drivers license. Once that formal review hearing is requested a DUI lawyer from Viacava & Cantor can obtain a hardship license for you pending the results of that hearing.  The hardship license obtained while the formal review is pending is only good for 42 days. If the review hearing ends with a finding in your favor than your regular driving privileges will be restored.  If the review hearing concludes with a decision against you than your hardship license will be revoked and a period of drivers license suspension often referred to as a “hard suspension” will begin.  During a hard suspension there is nothing to be done to regain your driving privileges and you may not legally drive an vehicle under any circumstances.

If you submitted to a breath test and blew over a .08 the hard suspension will last for 30 days. Following 30 days you will be eligible again for a hardship license provided that you have registered for DUI school.  If you refused the breath test the hard suspension will last for 90 days if it is your first refusal and 18 months if you have refused a breath test in the past.

What to Expect with a License Suspension

It is important to understand that all of the drivers license issues discussed above are only relative to the DMV and what they will do to your drivers license. The Criminal Court where your case is pending is also waiting to impose penalties relative to your driving privileges and if you are convicted of DUI there will be a separate drivers license suspension issued by the Court.

When you are dealing with something as important as the loss of your driving privileges in Fort Myers, Naples, Cape Coral, Port Charlotte or Punta Gorda it is important to have a knowledgeable DUI Defense lawyer fighting for you. Contact an experienced DUI Defense lawyer from Viacava & Cantor to schedule a free consultation today at 239-672-8934 to discuss the specific facts of your case.

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