If I was arrested for a DUI today, is my license suspended today or do I have to be convicted before the suspension takes place?

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If I was arrested for a DUI today, is my license suspended today or do I have to be convicted before the suspension takes place?

My brother got a DUI about 30 days ago. He hasnt been to court to face sentencing yet. Can he drive? He thinks his license has been suspended for 30 days already thinking that if he gets 90 days suspended it will start from the day of his DUI. I think it starts from the day he is convicted in court.

Asked on August 27, 2012 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Different states have different laws with respect to an arrest for a DUI leading to an automatic suspension of one's driver's license or not. If one refuses to take a test at the point of stop by an arresting officer, then there is an automatic suspension of one's driver's license in most states.

In the matter that you have written about, if you were arrested for a DUI today and allowed a test to determine your blood alcohol level, then any suspension of your driver's license would start when you are convicted of the offense assuming such happens.


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