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How to Get Your License Back After a DUI Using Chapter 13 Bankruptcy

by Adam Mack, J.D.

When you are convicted of a DUI you may be facing a full or partial suspension of your drivers license. Even if you have your driver’s license temporarily suspended, not being able to drive can cause many serious complications and financial hardships in your life. It’s imperative that you get your license back after a DUI or other suspension as soon as possible.

Once your license is suspended, there are essentially two issues preventing you from getting your license back. One of these issues is based on a statutorily mandated timeline (i.e. a one year suspension for a second offense in Kansas) and the other issue is a financial issue which results from the fine. For purposes of this article, it is useful to think of the two components of your suspension as two different issues.

Once your license is suspended for a specified period of time, there is not a whole lot you can do about that other than wait out the suspension period. However, even after the time of your suspension is completed and you are eligible to get your license reinstated, you still may be prevented from getting your driver’s license if you have not been able to pay the fine.

This is a difficult issue for many people. On one hand, you need to pay the fine to get your license. On the other hand, you need your driver’s license reinstated to be able to get a job to pay off the fine. This is where bankruptcy may be useful. If your suspension period has run and you only have the financial obstacle of paying your DUI fine, then you can use a Chapter 13 Bankruptcy plan to pay off the debt over a period of three to five years. And even though the DUI debt will not be paid off in full for a few more years, as soon as you file the bankruptcy, you will be allowed to get your license back.
 

Disclaimer

These articles are for general informational use and do not constitute legal advice. Since laws change over time, it’s possible some articles are out of date and for that reason, we make no representation that the articles are fully accurate. For actual, up-to-date legal advice (including a free consultation), please contact us!