License Suspension After a Colonial Heights DUI

Getting arrested for a DUI can impact one’s driving privileges. Once someone is charged with a DUI, they are going to lose their driver’s license for a period of seven days. This is a hard suspension, which means they cannot get a restricted license during this time. If a person is convicted of a DUI, they may have their license suspended for 12 months.

An experienced lawyer could help you challenge a license suspension after a Colonial Heights DUI. Reach out to a dedicated DUI lawyer today to set up a consultation.

Challenging a License Suspension in Colonial Heights

If someone is challenging the administrative suspension of their license for the seven days following a DUI arrest, they will have to prove is that there was no probable cause to arrest them for DUI in the first place. Realistically, this challenging to do given the timeframe of the seven-day suspension. In the time they have actually had their license, been to court, given a court date, called a lawyer and hired a lawyer, the seven-day suspension has already run and they would already have gotten their license back.

If someone is convicted of a DUI, an accomplished attorney could help challenge a license suspension and possibly obtain a restricted license.

License Suspension Hearings

If someone chooses to challenge the license suspension, then they can ask for a hearing by the General District Court in the jurisdiction in which their license was suspended. Here, the judge will make a determination as to what happened with the license suspension and then go from there.

The formal review hearing process based on this administrative suspension is essentially like a motion to suppress, which means asking the court to find that the officers did not have probable cause for the arrest in the first place. The person would have a hearing in which they would have to show the court that the officers had a warrantless arrest (although most DUIs are warrantless arrests) and that there was no probable cause for a warrant to arrest.

If a person files a motion to suppress based on the lack of probable cause by the arresting officer and is not successful, their license just remains suspended.

Obtaining a Restricted License or State ID Card

A restricted license can allow the individual to drive to work, pick up their kids from school, and other essential places. Receiving a restricted license is slightly different than a license suspension because the person does not have to worry about a restricted license until and when their license is actually suspended due to the DUI itself.

In order to obtain a Virginia State ID card due to a license suspension after a Colonial Heights DUI, they need to go down to the Department of Motor Vehicles. The DMV can issue an ID card for the individual. A person can also use their suspended license as an ID card.

Contact a Colonial Heights Attorney About License Suspensions After a DUI

To learn more about a license suspension after a Colonial Heights DUI, reach out to a seasoned lawyer. A dedicated attorney could fight for you and help you get your driving privileges back. Call today.