Driving Under the Influence (DUI)
We fight every DUI case with the goal of getting the best possible result. In many cases, the goal is to get the charges dropped or reduced to the less serious charge of reckless driving. Contact McCulloch Law, P.A. today to start building your DUI defense and help you get your license back on track.
A DUI consists of two separate cases, a criminal case and a civil case, which are completely independent of each other. The criminal case deals with the charges against you, while the civil case deals with your driver's license suspension.
McCulloch Law, P.A. can help you navigate the civil case and find the best option for restoring your driving privileges and fight your criminal charge. Learn more about potential DUI penalties.
- Investigate the details of your arrest, including probable cause, handling of evidence, and other critical factors.
- Review every aspect of your case with you, go over your options, and help you achieve the most avorable outcome
- Prepare a strong, capable and aggressive defense.
When you are arrested for a DUI, your license is automatically suspended if you blow over .08 or if you refuse to take the breath, blood or urine test. Your license will be suspended for 6 months if you took the breathalyzer test and blew .08 or higher. Your license will be suspended for 12 months if you refused the breathalyzer, blood or urine test. You only have 10 days after your arrest to take action towards your suspension. Your citation will serve as your 10-day driving permit during the 10 days after your arrest.
You have three options regarding your license suspension:
Formal Review Hearing
Requesting a formal review hearing is the only option that gives you the chance to fight your license suspension. Your attorney can demand a formal review hearing within 10 days of your arrest and obtain a 42 day driving permit so that you can continue driving until the outcome of your hearing is decided. If you do not request a formal review hearing within 10 days after your arrest, you waive the option for the hearing. You can choose to opt out of the 42-day driving permit and have you hard suspension start immediately after the 10 days after your arrest.
The formal review hearing is a vital part of your case because it gives your attorney the opportunity to obtain important information that can be used in your criminal case. When requesting a formal hearing your attorney is able to request the packet of information the office has regarding your arrest. This includes the arrest report, DUI video and discovery from the state attorney's office.
If you win your hearing, your license suspension will be invalidated, the administrative suspension will be removed from your driving record and your driving rights will be restored immediately. Your hearing may be won due to the arresting officer or breath test operator failing to appear, insufficient evidence, illegal stop, etc. It is common for attorneys to lose formal review hearings, but they are able to gain important evidence and testimony from the hearing to use in your criminal case. If you lose your hearing, you will have a 30 day (if you took the breathalyzer) to 90 day (if you refused the breathalyzer) hard suspension (no driving at all) before you are able to request a hardship permit for the remainder of your suspension.
Obtaining a hardship permit may be the best thing for you if you cannot be without a license for any period of time. You can only apply for a hardship permit within 10 days of your arrest. This option lets you obtain a hardship permit immediately after the 10 days after your arrest to use for the remainder of your suspension. If you choose to obtain a hardship permit, you waive your right to a formal review hearing and the chance to fight your suspension. A hardship permit limits you to only doing any driving that is necessary to maintain your livelihood. This includes driving for employment, educational, religious and medical purposes.
You must enroll in DUI school and present proof of enrollment at the Bureau of Administrative Review to get your hardship license. If you do not complete the DUI course within 90 days of receiving you hardship license, your license will be suspended until you complete the course.
Take No Action
If you wait longer than 10 days after your arrest to take action, your license will be suspended for a 30 day (if you took the breathalyzer) to 90 day (if you refused the breathalyzer, blood or urine tests) hard suspension (no driving at all) before you are able to obtain a hardship permit. If you do not attempt to obtain a hardship license, your license will be suspended for the full 6-12 month suspension period.
*This information applies to 1st time DUI arrest only. Please contact us to discuss your options for 2nd, 3rd, 4th DUI's and other DUI related convictions.
DUI Counterattack - http://www.duicounterattack.org/