DUI Impacts on a Driver’s License in Chesterfield
In addition to fines and jail time, a DUI can affect your ability to drive freely. An experienced DUI attorney could provide insight as to how a DUI might impact a driver’s license in Chesterfield. The penalties also tend to increase in severity if the problem persists.
What Happens to a Drivers’ License After a First-Time DUI?
Once someone is stopped on suspicious of a DUI, the officer takes their license away and then mail it back several days later. They can then drive as usual until their court date; and if they are found guilty, they will be given a restricted license, if the judge allows it, which will allow them to drive to and from work, school, kid’s appointments, VASAP, and their probation hearing.
Challenging a Suspended License
A person can appeal their suspension to the circuit court or they can wait a period of time and petition the court to suspend the suspension. The easiest way is to appeal and have a judge or jury hear the case and decide whether or not they should have the restricted license.
Apply for a Restricted License
An attorney is usually able to provide a form from the clerk’s office that the defendant can fill out to apply for a restricted license. It includes their name, address, driver license number, their place of work, their work schedule, and asks about any other places they can lawfully go if they are granted a restricted license.
After a conviction, they can ask the judge to review the sheet and grant them a suspended or restricted license based on the locations they listed. These limits mean that even a single DUI in Chesterfield can have a large impact on someone’s driver’s license.
How Does Someone Regain a License After Acquittal?
If the person is acquitted of the DUI, they should already have their license back. The only reason they would not have it back is due to an administrative DUI suspension based on their charges. But if they are cleared, then should then be able to get their license back immediately.
Second Offense
If convicted, a person will lose their license for a year and then be allowed to have a restricted one after that, but for a period of time longer than with a first offense. Similar to a first offense, a second-offender can appeal a suspended license in the hopes of being found not guilty, or else petition the court after the time period has elapsed. A second DUI in Chesterfield may have a greater impact on someone’s driver’s license since it shows that they did not learn from the first one.
Third Offense
If someone has been convicted of a DUI for the third time, they will lose their license for between one and three years; and if they get it back, they will have restrictions, as well as intoxilyzer placed on their car so they have to prove they are sober before being able to drive.
It is difficult to challenge a suspension after a third offense since it is ordered by code and would have to be declared unconstitutional, which does not happen. After the suspension time has lapsed, they can apply for a restricted license. They must wait for the suspension time to terminate before they can apply for a restricted license.
If the person is acquitted of their third offense, they should still have no problem getting their license back. It should be automatic because there was no conviction, and therefore no penalty for that.
Talk with an Attorney About How a DUI Impacts Your Driver’s License in Chesterfield
You run the risk of losing your ability to drive if you are repeatedly found to be operating a car while intoxicated. The impact of DUIs on a driver’s license in Chesterfield are to be taken seriously, which is why you should retain legal counsel in order to prevent that from happening. Call now to learn more.
