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How soon can I legally drive if I have been charged with drunk driving?

How soon can I legally drive if I have been charged with drunk driving?
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Answered By: Jacob P. Sartz IV., Attorney at Law
Speaking generally, anyone charged with an offense is presumed innocent until proven guilty. Generally, people may drive during a pending OUI case as long as they meet the conditions of their bond unless they get convicted or the secretary of state had already suspended their license for some reason. Ultimately, it depends on the circumstances.

Answer Applies to: Michigan
Replied: 11/7/2011

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Answered By: The Law Office of Harry E. Hudson, Jr.
Whenever any restrictions on that ability to drive have expired.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Edward J. Blum
When you were released from custody you were given a pink form DS-367. This is a temporary driver license that is good for 30 days. So you can drive for 30 days immediately. If you request a DMV hearing within 10 days of your release you can drive until the conclusion of your DMV proceedings.

Answer Applies to: California
Replied: 10/21/2011

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Answered By: LynchLaw
By charge I will assume you mean arrested. After your arrested the officer provides you with a temporary license. That license allows you to continue to temporarily drive legally. From that point you, or your attorney, has 10 days in which to contact DMV and demand a APS hearing. If a hearing has been demanded in time DMV will issue an additional temporary license covering the time until your hearing. However, assuming none of those actions are taken, once the temporary license expires you will not be able to legally drive again until you pay comply with DMV requirements. If this was a first offense you will be able to obtain a restricted license, after the first 30 days of your suspension, if you have sign up, and pay, for the DMV Drunk Driving course, can show proof of insurance, and pay for the issuance of a restricted license. If you don't want to bother with a restricted license you could apply for a full license once your DMV course is paid for and your suspension has expired. Different time periods are required if prior convictions exist.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Martina Vigil
You can once your driver's license is reinstated.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joe Dane
You can drive immediately on the temporary license given to you at the time of your arrest. If you do nothing, your license will be suspended 30 days after your arrest. That is a 4 month suspension, but you can seek a restricted license after 30 days of actual suspension if you enroll in an alcohol program and have current proof of insurance filed. If you're convicted of a DUI in court, same thing - but it's a 6 month suspension with the same restriction possible after 30 days of actual suspension. You don't get 30 days over again if you already were suspended. Discuss all this with your attorney as they can explain how things work and what you need to do. No matter what though you only have 10 days to request a hearing with the DMV to challenge that automatic suspension of your license.

Answer Applies to: California
Replied: 10/20/2011

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Answered By: Law Office of Eric Sterkenburg
After you are judged guilty of a DUI your drivers license will be suspended. This suspension is typically for a year. You may drive when the suspension if lifted. If you need your car for work of school or some other reason that the court and DMV recognize, your license may be restricted. With a restricted license you can drive but only for the uses in the restriction.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joseph A. Katz
Your temporary license (the pink sheet of paper) is valid for thirty (30) days. You must call the DMV within ten days of the arrest to request a Hearing, or your right is waived. If the DMV, in its separate proceeding, determines that there was reasonable cause to stop you, that you were lawfully arrested, and that your were driving with a blood alcohol level of greater than or equal to 0.08%, your license will be suspended for four months. You can get a restricted license after 30 days, allowing you to drive to and from work and to and from your DUI Drinking Driver class. This is for a first-time DUI. The DMV imposes a one year suspension for asecond DUI conviction. Even if the DMV does not suspend your license, upon conviction of a DUI in the Courts, the Court will send notice of the conviction to the DMV, and your license will then be suspended.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
You have 10 days to request a DMV hearing. If you don't, your suspension begins 30 days after your arrest, and it lasts from 4 - 6 months for a first offense.

Answer Applies to: California
Replied: 10/20/2011

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Answered By: The Law Offices of Christopher J. McCann
After being arrested for DUI in California, you should be given a Temporary Driver's License (usually a pink sheet of paper) that is good for 30 days. You must call the DMV and request a hearing within 10 days after your arrest. If you do so, you will almost certainly (barring other unusual circumstances) be given a stay on the pending suspension and given a new temporary license that will be good for 90 days or until you receive an adverse decision following the DMV hearing. If you fail to call the DMV within 10 days, then your license will be suspended 30 days following your arrest.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Phil Hache
If you have been charged with a DUI, you have 10 days from the date of arrest to request a DMV hearing, and what is called a "stay" on the suspension of your license. If done, the DMV should grant you a new temporary license that will good for a period past the initial 30 day temporary license you were likely given by the arresting officer. If there is a DUI conviction or a loss of the DMV hearing, then your license, this will over-ride a temporary license. You will probably have questions about this as it is confusing.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: THE LAMPEL FIRM
Depends on whether or not you were suspended from driving. You have 10 days from arrest to request a hearing to postpone any suspension.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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