Automobile drivers who are facing a first-time suspension for a breath test over .08 or for refusing to take the breath test have an option available to them that many do not know: Those drivers can waive their right to a formal review of their suspension in exchange for obtaining Business Purposes Only license with no “hard time”.
“Hard time” in this scenario refers to the time during which a driver cannot drive for any reason as a result of the administrative suspension of their license. Current “hard time” is thirty (30) days for a breath test above .08 and ninety (90) days for refusal to take the breath test.
A Business Purposes Only license is an option for individuals facing first-time suspension and, if granted, means they will still retain the right to drive to and from work and for on-the-job purposes, for education purposes, to and from church, and for medical purposes, without the “hard time” of losing their driving rights completely.
To be eligible for the waiver of the formal review hearing and to obtain the Business Purposes Only license without “hard time”, the driver must sign up for DUI School and provide proof of their enrollment to the DHSMV (Department of Highway Safety and Motor Vehicles) at the time the driver applies for the waiver. Additionally, the driver cannot have had any prior DUI conviction or a prior suspension of their license for DUI.
To learn more, contact Attorney Ken Poole at [email protected]