Question about loss of license after a DUI

[helpforDUI]

My friend got a DUI last night, its a little complicated but here it goes... She got the DUI last night at 2am, they took her to jail, mug shot, the whole deal. They even took her license.

Her license is from New Jersey, and she got the DUI in North Carolina. Now, she has another copy of her license at home (yes it is illegal, but she has it). Her hearing isn't until May, can she drive until her hearing? Can she only not drive in North Carolina? Does she have to apply for some kind of DMV court hearing? She needs her car for work and school.

The main question, can you drive right after a DUI arrest?


ThanksWhat is the name of your state?

 

[seniorjudge]

You need a license to drive; if you have no license, you cannot drive.

 

[helpforDUI]

She had 2 copies of her license. Don't ask me how, but she gave one to the officer and she has another in her wallet.

Is she legally allowed to drive?

 

[seniorjudge]

She had 2 copies of her license. Don't ask me how, but she gave one to the officer and she has another in her wallet.

Is she legally allowed to drive?

No matter how you phrase the question, there is only one answer: You need a license to drive; if you have no license, you cannot drive.

 

[helpforDUI]

Well the main question was, do you lose your ability to drive right after you are arrested? Or do you have a window of time you can still drive until it is officially removed.

 

[seniorjudge]

Well the main question was, do you lose your ability to drive right after you are arrested? Or do you have a window of time you can still drive until it is officially removed.

You have the documents; I do not.

What did they give you?

What do the docs say?

 

[helpforDUI]

I'm not sure, this isn't me we're talking about. Would it say on the document if driving privileges were revoked?

I think she read the paper she got but it didn't say anything about her being able to drive, it just said she willingly refused the breath test and they had to take blood. They gave her a court date.

She is speaking with a lawyer tomorrow, its just she has school/work obligations that she needs her car for and she doesn't know if it is legal or illegal for her to drive right now.

 

[paguy88]

how can one state take another states DL?

 

[helpforDUI]

They can't, what I've read so far is the following...

A state can revoke your driving privileges in THEIR state and send the information to your home state and then your home state can decide if they want to revoke your privileges entirely

 

[paguy88]

They can't, what I've read so far is the following...

A state can revoke your driving privileges in THEIR state and send the information to your home state and then your home state can decide if they want to revoke your privileges entirely

i dont see how this give them a right to take another states DL.. what I mean is the cop from NC takes ur NJ licnese..

I understand your home state can punish you by taking action.

I thought i was you lost your right to drive in that state for however many days years etc...

 

[helpforDUI]

For instance, North Carolina's legal limit is .08 bac, while New Jersey's is .1, therefor even if you are found guilty of a DUI in North Carolina, New Jersey does not honor that DUI in their home state and they will not revoke your license. That is to say if your BAC was <.1 but greater than .08

 

[helpforDUI]

I agree, they shouldn't have taken her NJ license...

My friend was 20 when he got his DUI in Colorado and they took his license, but I think that was b/c it is 0 tolerance and he was under 21.

He had to go back home to Indiana and get a new license, and in fact Indiana had revoked his license because they found out about the DUI so he got a identification card instead.

 

[FlyingRon]

For instance, North Carolina's legal limit is .08 bac, while New Jersey's is .1, therefor even if you are found guilty of a DUI in North Carolina, New Jersey does not honor that DUI in their home state and they will not revoke your license. That is to say if your BAC was <.1 but greater than .08

I don't know what you are trying to say but the NJ (as with every other state) limit is .08.

What the DMV's do and don't do right now is still a state's right. However, most states will suspend you if you're suspended elsewhere. Doesn't matter what the nature of the DUI charge was.

 

[BigMistakeFl]

BigMistakeFl

If you have an extra copy (got a duplicate, then found the "lost" one after that) of a license which was suspended, having a thousand copies does not permit you to drive. Driving with a suspended license is still illegal. Cop stops your friend for anything, runs the license, he will find out immediately.

 

[garrula lingua]

It's the privilege to drive which is suspended.

It doesn't matter whether you have a driver's license in your possession - the cop will run you on computer and see a suspended license.

There is an Interstate Compact whereby states agree to honor vehicular violations committed in another state; ergo NC will report the DUI to NJ.
Often this results in additional penalties in the home state.

In most states, the cop will confiscate the driver's license. A form is usually given to the driver (a signed copy kept by the cop) advising the driver of their appeal rights with the Motor Vehicle Dept (usually must request a hearing within 10 days) and allowing the driver to drive for the following 30 days.