DUI Lawyer Guide: How to Keep Your Driver's License

Meason & Morris Law discusses DUI Lawyer Guide: How to Keep Your Driver's License

Getting arrested for a DUI is scary. One of the first things people worry about is losing their driver's license. How will you get to work? How will you take your kids to school?

Losing your license can turn your life upside down. But a DUI arrest does not mean you will automatically lose your license. You have the right to fight to keep it. This is where a DUI lawyer can help.

At Meason & Morris Law, we know how important your driver's license is to you. Our experienced DUI lawyers have helped many people just like you keep their driving privileges. We understand the laws and the steps you need to take to protect your license. This guide will explain how a DUI lawyer can help you fight to keep your license.

We will talk about the two separate battles you face after a DUI arrest: one in court and one with the DMV. We will also explain the steps your lawyer can take to defend you in both of these battles. With the right help, you can increase your chances of keeping your license and moving on with your life.

Understanding DUI License Suspension

When you are arrested for a DUI, you are actually facing two separate legal battles. One is the criminal case in court, where you could face fines, jail time, and other penalties. The other is the administrative case with the Department of Motor Vehicles (DMV), which is all about your driver's license. It is important to understand that these two cases are separate and have different rules and procedures.

The criminal case is about whether you are guilty of the crime of DUI. The administrative case is about whether you will be allowed to keep your driver's license. Even if you are found not guilty in the criminal case, you could still lose your license in the administrative case.

This is because the standard of proof is lower in the administrative case. In the criminal case, the prosecutor must prove that you are guilty "beyond a reasonable doubt." In the

administrative case, the DMV only has to prove that it is "more likely than not" that you were driving under the influence.

After a DUI arrest, the clock starts ticking on your license suspension. In most states, your license will be automatically suspended after a certain number of days unless you request a hearing with the DMV. This is a very important deadline that you do not want to miss.

If you do not request a hearing in time, you will lose your license, even if you have a strong case. A DUI lawyer can help you meet this deadline and request a hearing on your behalf.

Losing your license can have a huge impact on your life. You may not be able to get to work, which could lead to losing your job. You may not be able to take your children to school or to their activities. You may not be able to go to the grocery store or to the doctor.

It can be a very difficult and stressful experience. This is why it is so important to fight to keep your license. A DUI lawyer can help you understand your options and give you the best chance of success.

There are different types of license suspensions. A "hard" suspension means that you cannot drive at all. A "restricted" license, also known as a hardship license, allows you to drive to and from work, school, and other essential places. An experienced DUI lawyer can help you explore all of your options and fight for the best possible outcome for your license.

How DUI Lawyers Fight License Suspension

So, how can a DUI lawyer help you fight to keep your license? There are several strategies that an experienced attorney can use. The first and most important step is to request a DMV hearing within the deadline.

As we mentioned before, this is a very important deadline that you do not want to miss. A DUI lawyer will make sure that your hearing is requested on time and that all of the necessary paperwork is filed correctly.

Once the hearing is requested, your lawyer will start building your defense. They will carefully review all of the evidence in your case, including the police report, the results of any chemical tests, and any video evidence.

They will look for any mistakes that the police may have made. For example, they will look at whether the police had a valid reason to pull you over in the first place. If they did not, any evidence they collected after the stop may be thrown out.

Your lawyer will also look at how the chemical tests were administered. If the breathalyzer machine was not calibrated correctly, or if the blood sample was not handled properly, the results of the test may be unreliable.

Your lawyer can challenge the accuracy of the test results and argue that they should not be used against you.

Your lawyer will also look at whether the police followed all of the proper procedures. For example, they will look at whether the police read you your rights and whether they gave you the opportunity to contact an attorney. If the police made any mistakes, your lawyer can use them to challenge the case against you.

At the DMV hearing, your lawyer will present your defense to the hearing officer. They will cross-examine the police officer and any other witnesses. They will present any evidence that is in your favor. They will argue that you should be allowed to keep your license.

An experienced DUI lawyer will know how to present your case in the most persuasive way and give you the best chance of success.

The DMV Hearing Process and Defense Strategies

The DMV hearing is a mini-trial where you can present your case and argue that you should be allowed to keep your license. The hearing is usually held in a small conference room, and it is much less formal than a criminal trial. The hearing officer is not a judge, but they have the power to suspend your license.

At the hearing, the hearing officer will review the evidence in your case and listen to testimony from you, the police officer, and any other witnesses. The hearing officer will then make a decision about whether to suspend your license.

The burden of proof is on the DMV to show that it is more likely than not that you were driving under the influence. This is a much lower standard than in a criminal case, which is why it is so important to have an experienced DUI lawyer on your side.

There are several common defense strategies that a DUI lawyer can use at a DMV hearing. One of the most common is to challenge the legality of the traffic stop. If the police did not have a valid reason to pull you over, any evidence they collected after the stop may be suppressed.

Another common defense is to challenge the accuracy of the chemical test results. If the breathalyzer machine was not working properly, or if the blood sample was contaminated, the results of the test may be unreliable.

Your lawyer can also challenge the police officer's testimony. They can question the officer about their training and experience, and they can look for any inconsistencies in their testimony. They can also present evidence that contradicts the officer's testimony.

For example, if the officer says that you were weaving, your lawyer can present video evidence that shows that you were driving in a straight line.

By using these and other defense strategies, an experienced DUI lawyer can increase your chances of winning your DMV hearing and keeping your license. It is important to remember that you have the right to fight to keep your license, and a DUI lawyer can help you do that.

Alternative Options When Suspension Occurs

Even if your license is suspended, you may still have options. In many states, you may be able to get a hardship license or a restricted license. A hardship license allows you to drive to and from work, school, and other essential places. To get a hardship license, you will usually have to show that you have a good reason for needing to drive and that you are not a danger to the public.

Another option is an ignition interlock device. An ignition interlock device is a small device that is installed in your car.

Before you can start your car, you have to blow into the device. If the device detects any alcohol on your breath, your car will not start. An ignition interlock device can be a good option for people who need to drive but have a history of DUI.

If your license is suspended, you will also need to get SR-22 insurance. SR-22 insurance is a special type of insurance that is required for people who have been convicted of a DUI. It is more expensive than regular insurance, but it is required in order to get your license back.

Finally, you will need to complete any other requirements that are imposed by the court or the DMV.

This may include completing a DUI education program, paying fines, or completing community service. Once you have completed all of the requirements, you can apply to have your license reinstated. An experienced DUI lawyer can help you navigate this process and get your license back as soon as possible.

Benefits of Hiring a DUI Lawyer Early

The best thing you can do after a DUI arrest is to hire an experienced DUI lawyer as soon as possible. The sooner you hire a lawyer, the sooner they can start working on your case.

As we have discussed, there are very important deadlines that you do not want to miss. A DUI lawyer will make sure that all of the necessary paperwork is filed on time and that your rights are protected.

A DUI lawyer will also have a deep understanding of the law and the legal system. They will know how to build a strong defense and how to challenge the evidence against you. They will also have experience working with prosecutors and judges, and they will know how to negotiate the best possible outcome for your case.

An experienced DUI lawyer will also be able to give you a realistic assessment of your case. They will tell you what your chances of success are and what you can expect to happen. They will also be able to answer all of your questions and help you make informed decisions about your case.

The cost of a DUI can be very high. You could face fines, court costs, and increased insurance rates. You could also lose your job if you lose your license.

The cost of hiring a DUI lawyer is a small price to pay to protect your future. An experienced DUI lawyer can help you avoid the most serious consequences of a DUI and get your life back on track.

Conclusion

Losing your driver's license after a DUI arrest can have a devastating impact on your life. But it is important to remember that you have the right to fight to keep your license. An experienced DUI lawyer can be your best ally in this fight.

They can help you navigate the complex legal system, build a strong defense, and give you the best chance of success.

At Meason & Morris Law, our DUI attorneys have a deep understanding of DUI law and a commitment to protecting the rights of our clients. We will thoroughly investigate your case, identify any weaknesses in the prosecution's case, and develop a legal strategy that is tailored to your specific situation.

We will fight to protect your rights, your freedom, and your future. If you are facing a DUI charge, don't wait. Contact us today for a consultation and let us put our experience to work for you.

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Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.

Meason & Morris Law

515 Delaware Ave

Bartlesville, OK 74003

918-336-6300