Practice Areas

License Revocation

License Revocation occurs when you are arrested for a DWI.   In most cases, license revocation is handled through a separate civil hearing referred to as an implied consent.   While the issues litigated may be similar to the criminal case; the implied consent is a separate hearing.  You will not get to have an implied consent hearing to challenge the revocation of your license if you or your attorney do not file a petition to challenge the implied consent within 30 days.   If you get arrested for a DWI and you want to challenge the revocation of your driver's license it is incredibly important you speak to an attorney as soon as possible.  The length of time of the potential revocation will vary based on a variety factors which includes but not limited to:  prior license revocations (referred to as qualified prior impaired driving incident) blood alcohol level, whether this offense occurred in a motor vehicle versus an ATV or a boat, and whether or not there were children in the car and their ages.

It is very important to note that if you do not challenge your implied consent and you  your criminal case is dismissed or win your trial; the State can and will use the unchallenged license revocation to enhance any subsequent DWI's to a gross misdemeanor or a Felony (depending on your record).  That is because by not challenging you lose by default.   You will also not get your license back upon the dismissal of the criminal case or a successful trial victory if you never challenge your implied consent.

Finally, you do not get a public defender to challenge your implied consent because there is no loss of liberty involved just a loss of a driver's license.  Therefore, you have to handle the matter yourself or hire private counsel.

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