If you were pulled over and arrested for driving while intoxicated after failing a field sobriety test, and you just received a notice that your blood test didn't show any presence of alcohol in your system, you may not be out of the woods just yet. Even though you were never formally convicted of having a DWI, you may still be facing a legal battle regarding your driving privileges. Here's what you need to know and how hiring a DWI attorney can help.
There Is a Separate Hearing for Your Driving Privileges
When it comes to DWI cases, the state's department of motor vehicle licensing authority has jurisdiction over your ability to retain your driving privileges, not the magisterial district court where the arrest occurred. In most states, this is called a DMV hearing, which is overseen by a judge acting in the capacity of a hearing officer. This hearing is solely to determine whether or not to allow you to continue driving, not to determine whether or not you were guilty of driving while intoxicated.
Hire a DWI Attorney for Both the DMV Hearing & DWI Court Proceedings
In some states, the revocation of driver's licenses is automatic if the driver doesn't request a formal hearing within a specific number of days following the arrest. What's important to know is that often the blood test analysis takes longer to get back than the allotted time to request a DMV hearing. Therefore, it is crucial that you work with a DWI attorney who can represent you in the DMV hearing to request for a continuance as well as to represent you in DWI court.
Retain Your DWI Attorney to Obtain an Occupational Limited License
If it's determined during the DMV hearing that your driving privileges will be suspended, your DWI attorney may be able to help you get what is referred to as a bread and butter license, otherwise known as an occupational limited license, so you can drive to and from work, physician's appointments, and to shop for groceries. It's very important that you understand that this type of license is to be used only for necessary driving.
This special license usually requires the installation of an ignition interlock device in your primary vehicle, which is nicknamed the blow-and-go for obvious reasons. The ignition interlock device is essentially a mini-breathalyzer that allows your vehicle ignition to engage if you successfully blow into the device without any alcohol on your breath.
For more information, contact a DWI attorney near you.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.