DRIVER'S LICENSE ISSUES

AUTOMATIC DRIVER'S LICENSE PROBLEMS

Q. When I was arrested for DUI, the officer took my driver's license away. I thought I was innocent until proven guilty; how do I get my license back?

A. When someone is arrested for DUI, DWI, or a related drunk driving offense, there are really two cases: the court case, involving the possibility of jail, fines, community service, and other punishments, and the DMV case, where the person's driver's license is in jeopardy

The DMV case is triggered by the arrest. The officer takes away the license, and sends it to the DMV. Unless a hearing is requested on a timely basis, usually within just a few days, the driver's license will be suspended automatically. The length of the suspension will vary, and also depend upon whether the arrest is the first offense or not. Whether or not a restricted or provisional license can be obtained, so the person accused of DUI or DWI can at least drive to and from work will also vary on the case

NON-CRIMINAL CRIMINAL PROSECUTIONS
(D.M.V. AND PROFESSIONAL LICENSING)

Q. Can a criminal conviction for DUI or drunk driving affect my driver's license? What about my professional license?

A. It depends. Certain types of criminal convictions can result in the suspension or revocation of your driver's license. The most common example of this is the D.U.I. case. Other types of cases, such as cases involving drugs, can affect your driver's license too.

A skilled DUI defense lawyer can help you avoid any problems with your driver's license if you have been accused of drunk driving. However, time is of the essence. Most states require someone accused of DUI, DWI, or a related drunk driving offense to contact their state's motor vehicle department quickly, usually within a few days of the arrest.

A DUI or drunk driving conviction can also affect a person's ability to obtain or keep virtually every professional license that is regulated by the state. Some professions require that the crime be related to the duties of the profession before the license will be affected; others simply require the crime to be one of "moral turpitude."

There are many factors at work in the case of the professional who is accused of crime; it is critical that the advice of a competent, creative, and insightful defense attorney be considered, since a conviction can have ramifications far beyond the case itself.

There is no cost or obligation for a consultation with NY DWI Attorney Ronald Meltzer. Call 212-822-1443, or e-mail Rmeltzer@NycDwiLaw.com, or click here for our Free DWI Consultation Form to submit to our office.