The officer who arrested me took my driver’s license. How do I get it back?
What is an interlock device?
What is the legal blood alcohol limit?
How long will my license be suspended?
I have to go to work/school, what do I do?
What is a license suspension hearing?
Can I refuse to take the breathalyzer test?
What are the penalties for a DUI/DWI?
Will I have to go jail?
Do I have to have a lawyer?
What will it cost to hire a lawyer?
What is the difference between a felony and a misdemeanor?

The officer who arrested me took my driver’s license. How do I get it back?
If you are arrested for DUI/DWI your license is taken by the officer, and you are given a temporary license that is good for 30 days. You must act within 15 days from the date of your arrest to have any possibility of reclaiming your license. Your lawyer can file a request for a hearing to contest your license suspension, but it must be done within that time frame, the sooner the better.

What is an interlock device?
An interlock device is a breath-alcohol detection machine that is installed in a personal vehicle to monitor the level of intoxication of the driver. These devices are sometimes used as conditions for license reinstatement, bonds, probation, or sentencing for DUI / DWI defendants.

What is the legal limit for drinking and driving?
If you are over 21, you are presumed to be to drunk to drive if you take a breath test and blow .08 or higher. If you are under 21, the limit is .02.

How long will my license be suspended?
Again, every case is different. The length of suspension depends on whether or not you refused to take a breath/blood test or not, the level you registered if you took the test, and whether or not you have prior DUI / DWI convictions.

I have to go to work/school, what do I do?
To drive to work or school, you need a license. Your lawyer can help you by requesting a hearing to reinstate your license or to obtain a hardship license. There are methods by which you can retain your legal ability to drive, and your attorney can help you in this process.

What is a license suspension hearing?
The hearing to determine whether or not you keep your license is separate and apart from the trial that determines whether or not you are guilty of the charge of DUI / DWI. The license suspension hearing determines whether or not your license will ultimately be suspended. A lawyer can help protect your rights during these proceedings.

Can I refuse to take the breathalyzer test?
Yes. You have a legal right of refusal to take the breathalyzer test, but there may be harsh consequences if you do refuse. You can only be forced to take the test if there was an accident with injuries or if law enforcement obtains a warrant.

What are the penalties for a DUI / DWI?
Penalties are dependent upon on the grade of the offense (1st, 2nd, 3rd, DUI / DWI, etc.) and, if the person took the breathalyzer or blood test, the level of intoxication.

Will I have to go jail?
Every case is different. Your circumstance dictate what your expectations can be. There are many factors that contribute to what your expected outcome maybe, including whether or not this is first offense and how high a reading you registered on the breathalyzer.

Do I have to have a lawyer?
A lawyer is not required in any legal proceeding, but it would be certainly be in your best interest to have someone who is trained and experienced in the nuances of defending DUI/DWI cases to make sure your rights are protected to the full extent of the law. In the same way that you can set your own broken leg instead of consulting a doctor, it is possible, but not a good idea.

What will it cost to hire a lawyer?
The question is not whether you can afford a lawyer, but whether you can afford not to have one. The justice system is very unforgiving and there are no second chances. Make sure that the choices you make are the right ones. My fees are reasonable, fair, and in accordance with the level of offense and time your case will require. Rather than make a blanket assertion of fees, I prefer to consider the full circumstances and work with clients to arrive at a fee that is appropriate for each case.

What is the difference between a felony and a misdemeanor?
The law divides criminal offenses into two types: felonies and misdemeanors. In general, misdemeanors are “minor” offenses, requiring jail time of less than a year. Felonies, on the other hand, are considered “major” offenses and can range from a third offense DUI / DWI to murder. A felony conviction means you no longer have the right to vote, hold public office, or possess firearms.