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Key aspects of administrative suspensions for DUIs

by | Mar 28, 2018 | blog, Firm News |

When people underestimate their level of inebriation, they may decide to get behind the wheel. If those drivers are caught, they may face DUI charges. With the charge comes a license suspension.

There are a few key aspects to understand about an administrative suspension from a DUI.

After arrest

After a DUI arrest, drivers receive an administrative suspension on their license. This suspension restricts their ability to drive, and only allows them to do so for necessary reasons, such as going to work or court. If a law enforcement officer pulls a vehicle over and discovers the driver is driving unnecessarily on a suspended license, he or she may face further charges. Also, upon release, drivers have 10 days to determine the route they desire to take to regain full driving privileges.

School as an option

In Minnesota, drivers have the option to attend a DUI school. This school option allows drivers to forgo the full suspension period, which allows them to regain their driving privileges sooner. However, there is a tradeoff; those who choose this option must give up their right to a hearing. Therefore, they accept the charge, which goes on their driving record.

Fighting the charges

In order to fight a DUI charge, the driver must file a petition for a hearing with the court of the same county of the arrest. In order to request an administrative hearing, the driver must file the proper form along with any required fees and paperwork. Once the hearing is set, drivers are able to argue their cases. For a successful hearing, the driver must show that the law enforcement officer did not follow proper protocol during the process. 

By understanding these key aspects, drivers can make educated decisions about how to deal with their license suspension. For those with further questions, it may be helpful to review the law in full and consult with a DUI attorney.

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