Effective July 1, 2013 the Department of Motor Vehicles is allowing first-time DUI offenders to waive their right to a formal review hearing in exchange for a permit to drive while their DUI case is pending. This new change allows a permit to be issued during the entire process. Pre July 1, 2013, if you were arrested for a DUI first offense and refused the breath test, there was a 90 day suspension. The driver would not be allowed to drive for any purpose whatsoever. And if they were caught driving, they were charged with an additional criminal charge of driving while license suspended. If you did take the breath test, but blew over the legal limit of .08, then your suspension would be 30 days. Same as above, the driver would not be allowed to drive for any purpose. This new law eliminates these "hard suspension" periods of old.
While this is excellent news for most drivers, it could mean overlooking some driver's possible legal issues. Waiving a formal review hearing is essentially saying "I agree" that the officer had the right to arrest me because I was impaired and behind the wheel. In some cases, it is necessary to fight the suspension, especially where the driver has a CDL (commercial driver's license). Although DMV has agreed to give you a permit to drive a car that doesn't mean a commercial truck driver will be able to operate their truck under this new waiver/permit arrangement. It also doesn't change if you have a prior DUI. A DUI stays on your record for seventy-five years. Before signing that waiver form to obtain your permit please contact an experienced DUI defense lawyer who can advise you if that's the right decision for you. Call Calvo & Calvo Attorneys at Law for a free consultation regarding your DUI case and associated rights.