got a dui. Went to court. and now the dmv has suspended my license. what can i do to get it back or driver to work license. they said because i refused to breath test or give blood that my license is suspended for a year.
That is correct. You have appeal rights that extend a short amount of days. These are on the last page of the DMV decision that they sent you. If you choose not to appeal or if the time to file has passed, then you can't get a restricted license for any reason, you must ride the entire suspension. At the end, you must have completed the court ordered alcohol school, have an SR22 from your insurance company on file for 3 years and an IID device installed on your vehicle for 5 months or as otherwise required by the DMV all this with a restriction/reinstatement fee paid once the suspension elapses and no you can't get the IID now. It only counts of you have a valid license..
Assuming you refused the chemical test, the DMV is correct: Your license is suspended for one year. You are also NOT eligible for a "driver to work license." Refusing the chemical test is universally poor decision.
I hope you didn't try to do the DMV hearing yourself, as it is hard enough to win with an attorney representing you. When there is an allegation of a Refusal, an experienced attorney can attack the officer for creating a situation where you were confused or didn't trust him or her. But that door has probably closed. And hopefully you have an attorney in court or you will end up doing jail time due to the refusal!
If you have an attorney, they should know how to appeal the decision of the DMV hearing officer.
Good luck!
For a first offense, your license is suspended for 1 year from the date of the APS action without any eligibility for any restricted license or any other type of license.
If you didn't contest the suspension, the suspension began 30 days after the day you were arrested.
Unfortunately, there is absolutely no way of undoing this process.
Thanks for your question. It sounds as though you are suffering the punishment for a refusal, which is a one year "hard" suspension, with no restriction available.
This answer would be different if you are under 21, for which there is the option to apply for a "critical need restriction", which may grant you the right to a restricted license.
A refusal is an automatic one year suspension. It's bittersweet because now the People have no way to prove you were drunk other than their observations at the scene. In other words there is no PAS or blood test to show what you alcohol level was, so speak to a DUI lawyer. Best.
