DUI Frequently Asked Questions

How will I get to work and/or school?

The first 10 days:
Despite your suspension, you may still be able to drive for ten days after your arrest, pursuant to your “temporary driving permit” if your license is not suspended for some other reason. The police officer in your case should have given you a yellow DUI ticket which may act as your “temporary driving permit”. This permit will serve as your driver’s license and allow you to have full driving privileges for ten days from the date of your arrest, if the ticket indicates that you are entitled to a permit.

What happens after my temporary permit expires?
This depends upon whether your breath test results were over.08, or if you refused to take the breath test. If you blew over a .08, you will not be able to drive for any purpose for thirty days after your temporary permit expires. Thus, you will have ten days of full driving privileges followed by thirty days of no driving at all. You will be eligible to apply for a hardship license immediately after the thirty-day “no driving period” ends (provided you do not have two or more prior DUI convictions).

If you refused to take the breath test, you will not be able to drive for any purposes for ninety days after your temporary driving permit expires. Thus, you will have ten days of full driving privileges followed by ninety days of no driving whatsoever. You will also be eligible to apply for a hardship license immediately after the ninety day “no driving period” ends (provided you do not have two or more prior DUI convictions) or if this is your second refusal.

If a formal administrative hearing has been requested and your license was valid prior to your arrest, an extended temporary driving permit will be issued to you until DHSMV has ruled on your case. This permit will allow you to drive for business, school and religious purposes only during the time period listed on the permit. If you have a commercial driver’s license, this permit will not allow you to drive a commercial motor vehicle.

Our criminal defense attorneys have extensive experience handling Administrative Hearings. If they are successful, your driving privilege will be reinstated.

Suspension Time Line

.08 or higher

I. If your breath test results were .08 or higher, the following time frames apply to you:

DRIVING PRIVILEGES DRIVING PRIVILEGES DRIVING PRIVILEGES
Full Driving Privileges (with Temporary Permit only) “No Driving Period” Limited Driving Privileges (with Temporary Permit only)
FROM ARREST DATE FROM ARREST DATE FROM ARREST DATE
0-10 Days 11-30 Days 31-140 Days
SUSPENSION STATUS SUSPENSION STATUS SUSPENSION STATUS
Pre-Suspension Begin Suspension End of Suspension
(4 months)

II. If you refused the breath test, the following time frames apply to you:

DRIVING PRIVILEGES DRIVING PRIVILEGES DRIVING PRIVILEGES
Full Driving Privileges (with Temporary Permit only) “No Driving Period” Limited Driving Privileges (with Temporary Permit only)
FROM ARREST DATE FROM ARREST DATE FROM ARREST DATE
0-10 Days 11-90 Days 91-265 Days
SUSPENSION STATUS SUSPENSION STATUS SUSPENSION STATUS
Pre-Suspension Begin Suspension End of Suspension
(8 months)

Total Suspension = Twelve (12) months

III. If you have 2 or more prior DUI convictions, you will not be eligible to receive any driving privileges after your temporary permit expires. If this is your second refusal to take the breath or blood test, you will not be eligible for hardship privileges after your temporary permit expires, and your total period of suspension will be 18 months instead of 12 months.