Q: If I am convicted of a DUI, is there any way I can still keep my license?
A:
Greetings:
When facing a DUI, your license may be revoked based on either (1) the Express Consent Hearing or (2) Conviction of DUI. The express consent hearing is separately conducted through the DMV. The issue is whether there was probable cause to request a chemical test and whether that test was administered within 2 hours of the last known time of driving. Often times a person will win the Express Consent hearing only to then be convicted of DUI in the criminal case. If convicted of DUI and the license was not revoked at the Express Consent hearing then the person's license will still be suspended based on the conviction of a DUI. This is the reason that your attorney will fight like heck to get a DWAI plea if you have already won at the Express Consent hearing.
Therefore, the bad news is that you will most likely have your license revoked. Fortunately, the revocation period may be as short as 30 days followed by early reinstatement. I wish you the best of luck.
Rob Werking
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