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DUI Administrative Hearing Change

Beginning in July of 2013, a first-time DUI offender can waive his/her right to have an administrative hearing to contest their administrative suspension.

            If you decide to waive your right, the DMV will give you a Business Purpose Only (BPO) Hardship license for the term of your suspension. If you blew (gave a breath sample), your term is 6 months.  If you refused to give a breath sample, your term is 1 year. The benefit of this waiver is that you don’t have to go without driving because it eliminates the hard suspension (the period of no driving).  The hard suspension period is 30 days if you blew a .08 or over, and 90 days if you refused to blow.

           *****Commercial Drivers who hold a CDL license should not accept this waiver of their administrative hearing.  They should request a formal review hearing because a commercial driver will lose their CDL for a year if they waive the hearing.  It is best for commercial drivers to fight the administrative suspension at a formal review hearing.

           The administrative hearing process is unique to each case.  It is best for anyone with a DUI to consult with their attorney before making the decision to waive or not waive their right to a formal review hearing.

                                                                                               -Christa C. Lopez, Esq.

                                                                                              LAW OFFICE OF DENNIS A. LOPEZ

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