Almost all DUI enforcement contacts trigger a mandatory drivers’ license suspension, either because the defendant refused to provide a chemical specimen or the defendant’s BAC exceeded the legal limit. License suspension hearings are not easy to win because the deck is stacked against the defendant and the issues are quite narrow. Nevertheless, aggressive representation at this hearing is often critical to a successful outcome in court.
The only way to avoid automatic suspension is if the officer reverses course and decides not to arrest the defendant after the enforcement contact, and that hardly ever happens.
Next, a DUI conviction means a mandatory drivers’ license revocation. The reinstatement hearings are not easy to win, either, because the defendant has the burden of proof to show that he or she can drive without endangering public safety and there are very strict procedural requirements.
There is no revocation if the defendant receives court supervision in a first DUI or if the charges are reduced to reckless driving.
ALR Suspension