You have a statutory summary suspension, now what? Can you drive?

If you are arrested for a DUI, you will hear your license is going to be suspended. And a suspension can be a scary, and costly thing.

After a DUI arrest, only certain people will be able to drive during their statutory summary suspension.

Everyone can challenge their statutory summary suspension through a hearing before the same court that is adjudicating their DUI. But even if you win, that does not mean you will win your criminal DUI case. And if you lose your criminal case, your license can still be suspended or revoked at that time, depending on the circumstances.

But, luckily, if you are a first-time offender under the Secretary of State's rules, then you are automatically entitled to driving privileges throughout your statutory summary suspension period, as long as you first opt in and obtain a Monitoring Device Driving Permit (MDDP) with the Secretary of State. This is true even if you lose at your hearing. The biggest downside is you have to serve 30 days of your suspension before you can drive on the permit.

There are a few requirements for obtaining the MDDP. First, you must qualify as a first-time offender. Second, you must request the permit. And third, you must obtain a BAIID machine in your car and only drive a car with the machine. BAIID stands for Breath Alcohol Ignition Interlock Device. It is a machine attached to the ignition of your car that you must breathe into in order to turn the car on. You must continue to breathe into it while driving the car. It is an inconvenience, but at least you will be driving.

Please be aware, if you are eligible for a MDDP but refuse it, you cannot drive during the suspension unless you win at a hearing in court. If you do and are caught, you can be found guilty of a felony offense.

If you are not a first-time offender then you are not eligible for the MDDP and it becomes even more important for you to challenge the statutory summary suspension and your DUI.

Here at The Toney Firm, we are here to help you navigate your specific DUI and determine if you are eligible for an MDDP. We can help you challenge your DUI and your statutory summary suspension.

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