Monday, August 27, 2012

DUI License Suspension And The Critical Need To Drive

Law Offices of EJ Stopyro
Orange County DUI Attorney
DUI lawyer in Orange County

If you were pulled over or stopped at a DUI checkpoint and arrested for driving under the influence of alcohol or drugs (DUI), or for DUIwith injury, and you lost your license at the DMV hearing or through the DUI court proceedings, one of your first priorities will probably be to get your license back. Many people believe that they can avoid a license SUSPENSION if they have a critical need to drive. For most of us however, this simply is not true. For those younger than 21-years-old, however, it IS true.

If you are OVER 21 and have lost your license, you MUST serve a minimum period of suspension. The period of MANDATORY suspension depends on many factors including; whether you have prior DUI convictions, whether you refused to take a blood test or breath test, and whether there were drugs in your system. Any Orange County DUI lawyer will tell you that for most first-offense DUIs the mandatory period of suspension is ONE month. This suspension period will be followed by a period of “restricted” driving for five to ten months where you can only drive if it is work-related, school-related or to and from the alcohol program.

A DUI lawyer in Orange County will also tell you that for those who are younger than 21, the mandatory suspension period is ONE YEAR. However, after serving 30 days of the suspension these young drivers may be granted a “critical need” exception as long as they did not refuse to take the roadside breath test and there is no form of adequate transportation. (i.e. no bus stop within a mile of the driver’s home) Also, the driver’s DUI lawyer must prove to the DMV that driving is necessary for school, work, because an ill family member relies on the driver for transportation or because the driver needs to financially support the family. It the young driver’s DUI attorney in Orange County can make this showing, the DMV may grant this driver a critical need exception provided the driver maintains an SR-22 (proof of insurance) and pays a $100.00 reissue fee.

For more information on license suspensions and DUI defense call the Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential consultation with an experienced DUI Attorney in Orange County about YOUR case. Or go to our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

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