Answer: The ability to get a modified license is always there throughout the entire process. We actually recommend that our clients have the administrative hearing and challenge that arrest because there are a number of things that we can raise as issues, especially for no other fact than if the officer flat out doesn’t show up at the administrative hearing, then the Department of Public Safety will set aside the revocation, and if you don’t get a conviction in your criminal case, then that person may not lose their license, so they wouldn’t have to get it modified. But let’s say that they go and have their hearing and the department sustains the revocation, well we can always file an appeal and ask the court for a modified license. So a person doesn’t ever lose that ability to get the modified license just because they have their administrative hearing.
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