When Will I Get My License Back after a Radcliff DUI Arrest?

Being arrested and charged for driving under the influence in Radcliff and Elizabethtown is certainly a frightening experience for most motorists given the numerous potential negative consequences of a conviction. Jail is a potential penalty if you are convicted of a DUI in Radcliff and Elizabethtown, Kentucky but you may be more concerned with the status of your driver’s license.

For most people, driving is not a convenience, it is a necessity. Unless you happen to live in a city such as New York or Chicago, public transportation is lacking, making the ability to drive your own automobile a necessity to get to and from school or work. Therefore, losing your driving privileges is likely the most troublesome aspect of a DUI arrest. The amount of time your driving privileges are suspended will depend on a number of factors such as whether or not you have previously been convicted of a DUI and whether or not you submitted to the breath and/or chemical test when you were arrested.

Kentucky has an implied consent law which essentially says that anyone who operates a vehicle in Kentucky gives consent to submit to a blood, breath, or urine test to check for blood alcohol concentration, or BAC. Although you have legally already given your implied consent to submit to a breath test if you are arrested for a DUI, you do have the option to refuse the test. Refusing, however, comes with its own consequences. If you refuse a chemical test in Radcliff and Elizabethtown you risk losing your driving privileges for:

• 1^st Offense – 30 to 120 days
• 2^nd Offense – 12 to 18 months
• 3^rd Offense – 24 to 36 months
• 4^th Offense – 60 months

For purposes of determining the length of a suspension for refusal, the previous five years are considered. For example, if you refused a chemical test two years ago you now face a suspension of 12 to 18 months; however, if you refused a test eight years ago you only face a 30 to 120 day suspension. A suspension for refusing a chemical test applies whether you are ultimately convicted of the DUI charge or not.

If you are ultimately convicted of DUI you also face a license suspension. Again, whether or not you have previously been convicted for a DUI will determine your potential suspension length. The potential suspension you face is the same as the suspension length for refusing as indicated above. You may be entitled to obtain a hardship license which will allow you to drive for important reasons such as to and from work and school after the minimum license suspension period has expired. Consult with an experienced Radcliff and Elizabethtown DUI attorney for details.