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Crowsert & Avery LLP

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License Revocations for DUI/DWI

A driver who is arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is likely to be subject to either a license suspension or a license revocation. Courts are generally limited and cannot change or alter a license revocation to limit the impact on the defendant. License revocations are considered a civil penalty that are imposed to protect the public rather than a criminal penalty.

Consequences of Guilty Plea in DUI/DWI Cases

The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath.

Expungement of DUI/DWI Convictions

If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged.

Driving on a Revoked or Suspended License

A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked.

Elements of Criminal Offense of DUI Manslaughter

If a driver's act of drunk driving results in the death of another person, the driver will be charged with some form of homicide. Some states, however, treat the offense as a form of aggravated drunk driving, variously described as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter."

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