Dui
I have been arrested for 2rd offence owi but the dot has it down as 3rd I have went a year with out driving cant I obtane a work permit or try to petiton for one?
1 Answer from Attorneys
Re: Dui
Here are the rules on that subject. It seems that if you're characterizing your current case as a second and you've served the year's suspension you ought to be able to get a license but your job is going to be to convince the DOT that it isn't a third. They may have characterized a previous offense to count as a DUI even if it was plea bargained down.
2nd offense (defendant consented to test) - revocation of one year and hard
suspension of one year
Work permit rules:
No work permit is possible, because the hard suspension and the
revocation are both one year. However, a person convicted of second or
subsequent offense must have an ignition interlock installed for license
reinstatement.
2nd or subsequent offense (defendant refused a test) - revocation of two years,
hard suspension of one year
Work permit rules:
No work permit until hard suspension has passed; ignition interlock
required to receive a work permit
3rd or subsequent offense
Sentencing court imposes six year revocation