Common Questions

Is my license suspended if the arresting officer took my license?
No. Your driving privileges remain unchanged until you have a Department of Motor Vehicles hearing. Such hearings must be requested within 15 days of your DUI arrest. If you fail to request a hearing, your license will be suspended. Your license also may be suspended as a result of evidence presented against you at the hearing.

Am I entitled to an occupational license if my license is suspended?
Yes, if you have no prior alcohol- or drug-related license suspension within the previous five years. Otherwise, you must wait 90 days to one year before receiving driving privileges for work.

Do I have to give a breath, blood or urine sample if the police officer asks?
If you refuse a test, your driver’s license is subject to suspension, following a DMV hearing. However, I advise clients to ask for their attorney to be present for the test.

Do I have to do field sobriety tests (FSTs) if the officer asks?
No. Again, you should request that your attorney be present when you take any tests.

Do I have to speak to police without an attorney?
No. Never. You have a constitutional right to remain silent. This means that you do not have to make oral or written statements to police, and you do not have to answer any of their questions, even seemingly casual ones that take place before you are read your Miranda rights. Please speak to an attorney before you say a word to investigators.