A person who has been arrested for a DUI is going to face a tremendous amount of trouble beyond the criminal sanctions. Those who have been hit with a DUI charge may discover their driver's license has been suspended. People can and do lose their jobs when they are unable to drive. However, an option does exist for those who positively cannot be without a driver's license. Depending upon the circumstances, it may be possible to acquire a restricted driver's license. A person represented by a skilled DUI attorney may be better positioned for approval for a restricted license.
Understanding a Restricted License
A restricted license essentially allows a suspended driver to legally "perform necessary travel." Driving to buy food, visit the doctor, or venture to work would be allowed under the restricted license based on state rules and regulations. Travel for entertainment or other unnecessary travel would likely be barred under any jurisdiction.
Meeting Legal Requirements
There is no constitutional right to a standard driver's license, much less a restricted one. Certain qualifications do have to be met to be awarded a restricted license. Some states have fewer hurdles than others. In California, meeting certain requirements such as enrolling in an alcohol class and submitting the necessary application paperwork is all that is required for first-time offenders.
Appearing at an Administrative Hearing
Repeat offenders and, in certain jurisdictions, first-time offenders, may have to do through an administrative hearing. No administrative department or court is going to issue a license to someone who would be deemed a dangerous driver. In Pennsylvania, for example, an administrative hearing is required to make an appeal for a restricted license when the Department of Transportation (DOT) has turned down an application. During the administrative hearing, it becomes necessary to present "legal issues that support [the] appeal."
Per Pennsylvania law, the applicant may be required to show proof of having a satisfied judgment and having completed a driver-improvement course. Failure to definitively provide the necessary proof will not result in the outcome of an administrative hearing being a positive one.
Procuring Legal Representation
Providing proof in a haphazard manner would be ill-advised. To reduce the chances of a denial, all requested evidence and documents must be presented in a professional manner. Representation by a skilled attorney helps with this cause. Additionally, an attorney may be able to sway a skeptical judge in a client's direction. Consult a firm such as Grafton Law Office for more information.
