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Phone: 618-692-6520
Polinske & Associates, P.C.

Will a person arrested for DUI lose their license?

This is the number one question I receive related to DUIs.  The short answer is yes.  You will lose your license for a periof of either 6 or 12 months depending on whether the officer writes you the suspension (SSS) for blowing .08 or above, or refusing the test.  The SSS begins 46 days after the notice of SSS is completed by the officer.  The reason for the 46 day delay is to afford the defendant an opportunity to contest the suspension in court.  The first month of the SSS is what we term "hard time."  This means there is no ability to drive legally during the first month of SSS if it stays in effect.  However, the client may opt in to what is called MDDP.  That is a program authorized by statute and monitored by the SOS It allows the person to drive with a BAIID installed in their vehicle.  The Breath Alcohol Ignition Interlock Device is paid for by the motorist.  Each month / bimonthly period the device is "swapped out" of the vehicle by an approved mechanic.  The data contained therein is downloaded and submitted to the SOS who then reviews it.  The average cost of the BAIID is $750.00 / $1,500 for either a 6 or 12 month suspension period.  At the end of the SSS the motorist pays a reinstatement fee to the SOS in the amount of $250.00.

There is a way to attack the SSS.  Its called a Petition to Rescind the SSS.  The client can contest four different issues in that hearing.  The burden of proof is upon the motorist to win the hearing.  The issues that may be raised are:

1.Did the officer have reasonable suspicion to initially stop the motorist?

2. Did the officer have probable cause to arrest the motorist?

3. Did the officer read the WTM to the motorist?

4. After reading the WTM to the motorist did he/she submit to a test / or refuse and were the results .08 or higher?

Winning the SSS hearings is difficult and usually only 10% of the petitioners win.

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