I encourage anyone charged with a DUI to contact a defense attorney as soon as reasonably possible after the arrest, and certainly within a week of the arrest. That is because there may be important decisions to be made and acted upon within 30 days of the arrest.
Unfortunately, some people will wait more than 30 days to contact a lawyer and will not take independent steps to protect themselves and their privilege to drive. That will make it difficult for an attorney to do everything possible for the charged person. Only rarely can a late ALS appeal be filed or pursued. That will require proof that law enforcement did not take appropriate steps to notify the driver of the administrative suspension or that there was some extremely good reason for the failure to pursue the appeal.
If a late appeal cannot be pursued and a refusal ALS suspension has gone into effect, there are very limited things that can be done to get that suspension lifted. They are:
- Obtain a dismissal of the DUI charge,
- Obtain a not guilty verdict on the DUI charge, or
- Obtain an amendment of the DUI to another charge, such as reckless driving.
Those alternatives do not happen quickly and are never guaranteed. The vast majority of people who have a refusal suspension go into effect have to wait out the entire twelve month suspension. That said, it is still worth retaining an attorney and pursuing a resolution of the case as soon as possible.