DUI License Suspension on first time DUI with .097 BAC- Will it be longer through the courts than the DMV?

You should seriously consider taking the case to trial. If your current attorney does not want to do it, you can find another attorney. Nonetheless, if you do not want to take the case to trial you can work out a deal. The court conviction will trigger a suspension with the DMV but that can be converted to a restricted license right away.

The way the vehicle code is written, the court will issue a 6 month suspension from the conviction. However, the total time you serve can only be the longer of the two. Meaning, any suspension you've already served is credited to the court suspension. I agree with the other attorney though, if you have the resources, this is the type of case that should go to trial. A trial will never be a slam dunk win, otherwise the DA would bargain. But your info suggests a potential for a rising BAC defense.

I have definitely seen cases where the total suspension time was longer than six months because the two suspensions did not overlap. That's why I always schedule my APS hearings so that they coincide roughly with the criminal trial. I'm not sure if there is a difference when the APS suspension is first and the court trial is second. The situations that I am familiar with are the reverse and then the two suspensions totaled about ten months. You don't have much to lose by going to trial. On a misdemeanor, your attorney can do the trial without you even being present. Although that's not ideal, I watched Paul Burglin win a DUI trial without the defendant present. It sounds like you need a new attorney, though. Your BAC is so close to the limit, that you have many potential defenses available to you. Best of luck to you.

If the issue is license suspension, I agree with Mr. Pullman. If the suspensions do not overlap, DMV may send you a notice for a longer suspension period as a result of a court conviction for a DUI. Most courts do not deal with license suspensions on a first time DUI. However, it sends an abstract to DMV regarding the conviction and the DMV Mandatory Actions Unit processes the information and sends out a suspension notice based on the abstract. However, you will be able to get a restricted license to drive to work and the DUI class once get a SR22 and enroll in a DUI class. It is unclear what the preliminary alcohol screening (PAS) test result was other than it may have been a .089 and perhaps .097. Typically, a PAS is used as an investigatory device to determine if there is probable cause to arrest and the arresting officer will document the results such as a .089 or .097...to the 3rd digit. The evidentiary test, whether it be a breath test or blood test usually report only 2 digits, such as .09 or .08. Unless you get a dismissal or a wet reckless, you may have jail time to do, most likely on some type of work project, perhaps time served if you were in custody for 2 days, or home detention, plus fines. Your case may be a triable case depending on the circumstances. You should talk to your attorney to get more details on your case to determine whether you feel comfortable and assured about the represention/defense in your case.