So… You got pulled over for a DUI and the officer took your license. BUT….
You were not convicted of anything. (There has been no court or hearing.)
How can they do that?
Because driving is not considered a right it can be simply taken away. It could be considered in the constitution under the right to the pursuit of happiness but that has never been shown in a court case.
And…
MADD Mothers Against Drunk Driving pushed for an got enacted “APS” laws which stands for “administrative per se” in other words yes the officer was to that point your judge, jury and executioner.
OK… So you license is gone. What now?
The first thing you really have to do is hire an attorney. You might be a smart cookie but the laws around DUIs are long and bewildering. It is best to have someone on your side that SPECIALIZES in DUIs.
You can do brain surgery. I am sure you could if you spent years learning. BUT… You did not spend years learning brain surgery or years learning DUI laws.
How can I drive again?
Hire an attorney.
An attorney can also help you get an occupational license. Different states have different laws on occupational licenses. Some require a timed ignition lock. Most require that you have work or an apprenticeship or job training and nearly all require some kind of substance abuse treatment or training.
If you have gotten several DUI’s then you are probably not going to get an occupational license. If you have “minor in possession” charge you ill probably not get an occupational license either.
An ORL cannot be used to drive a commercial vehicle.
An ORL can often be used to drive from home to work and back.
An ORL can sometimes be used to drive from home to school and back.
An ORL can sometimes be used to drive to a place for medical treatment for a family member that has several health issues
If you get pulled over again believe me it is better if you have an ORL then if you have nothing!
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