When a Person Is Charged With DUI
When a person is charged with any version of DUI other than Boating Under the Influence there are always 2 cases opened: 1. the criminal case, and 2. the DMV case.
Many times people think of the criminal case as being the more pressing matter but the truth is that the DMV case is normally concluded long before the criminal case even goes to Court.
From the date of arrest a client has 10 days to act on their DMV case. At the Law Office of Todd Kawecki we get involved quickly by obtaining the arrest affidavit and reviewing it with our clients within that 10 day period. A choice must be made in the first 10 days to either request or waive a formal hearing from the DMV. The purpose of this hearing is to determine whether your license should be suspended by the DMV. The choice really comes down to whether a person can risk not being able to drive for 30 days (in the case of a regular Martin County DUI) or 90 days (in the case of a DUI in Martin County where the individual refused to take the breath test).
If a person chooses to have a formal hearing and loses the hearing the DMV will implement these hard suspensions on the individual’s license. If this is the first time a person has been arrested for DUI in Martin County, and they have signed up for Martin County DUI school, they are eligible for a hardship license after the hard suspension is completed. The hardship license allows a person to drive to work and school during the remaining portion of their suspension. If we are successful in the formal hearing the DMV will automatically restore your right to drive pending the outcome of the criminal case with no restrictions.
When a person cannot risk the loss of driving privileges for work or school even for the hard suspension time of 30 or 90 days then the second option is to waive that formal hearing. As of July 1, 2013 the DMV will now waive the hard suspension in cases where the client elects to forgo the formal hearing and begin their suspension immediately. As long as the client has signed up for Martin County DUI class and this is their first Martin County DUI they are eligible for a hardship suspension immediately. This normally means there is not interruption in driving privilege. The downside to accepting the suspension is that a person’s record will forever show a suspension for DUI and/or refusal to submit to testing.