Sunday, February 1, 2009

DWI and keeping your license...

Many clients call my office with similar questions regarding their drivers licenses in DWI cases. As the owner of BYEDWI.com and a firm that handles many DWI/DUI cases I'm in a good position to answer these questions.

While on the conviction of any DWI there is a suspension of driving privileges that is mandatory, under law... there are ways around this during and after the trial process.

In many instances there are usualy two options in order to keep your driving privileges during the life of your court case.

Hardship licenses are issued by the court, in order to earn one your attorney must request a hearing before the judge on your case and must prove hardship in basic travelling for the essential daily required travels, such as going to work or doctors or dropping of the kids to school. In some instances it may be very hard to get such a license depending on availability of public transportation and other options for travel.

Conditional licenses are the other option, they are nowhere near as difficult to acquire, all that is needed is an application to the DMV. There however is a period of time which you may NOT apply for this option directly after your arrest, in order to get around this your lawyer may ask for a stay of the suspension of your license... meaning essentially that your license will not be suspended until the time you qualify for a conditional license, ensuring there is no void in your driving privileges.

In many cases people chose to drive after their license has been suspended by the court, and before acquiring a conditional or hardship license. Please be aware that you WILL be arrested if you are stopped driving without license, and that this is a .misdemeanor charge

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