License Following a Colonial Heights Second-Offense DUI
If someone is charged with a second-offense DUI, their driver’s license can be suspended after conviction for three years and then there is an administrative suspension as well. On a first offense, the suspension is just a week. However, there may be a difference in consequences for someone’s license following a Colonial Heights second-offense DUI. It is for this reason that you should seek the legal advice of a distinguished second-offense DUI attorney right away.
License Expectations Following a Second-Offense DUI
The consequences that impact someone’s license following a Colonial Heights second-offense DUI differ from what one may expect from their first charge. On a first offense, upon being charged with a DUI, the person’s license is suspended for an administrative period of seven days. The individual is returned their license after the seven-day period, and they can keep it until they are convicted of DUI at trial. At trial, they can lose their license for a year.
When Can Someone Expect to Get Their License Back?
On a second offense, the administrative suspension period lasts 60 days. They will get their license back after a 60-day period and then they will hold onto their license until they are ultimately convicted of a second-offense DUI. On the second-offense DUI conviction, they will lose their license for three years.
If it is a second within five years, then they lose their license for three years and they cannot get a restricted license until they have had no license for a year. If it is a second within ten years, then the person is eligible for a restricted license after four months.
How to Challenge the Suspension of a License
A person cannot challenge a suspension of a license following a Colonial Heights second-offense DUI. Challenging a license suspension may be unlikely because the general assembly mandates that the license must be suspended after conviction. The only time that the person is going to be able to challenge the suspension of the driver’s license is on the administrative suspension and, even then, this normally does not occur because the court date comes before the actual license suspension.
On rare occasions, it is beneficial to challenge the administrative suspension. In order to do so, the person must ultimately file a motion to suppress the Commonwealth’s evidence based on lack of probable cause for arrest. If the person is able to show that the individual was arrested without probable cause, then the license will be returned immediately.
Applying for a Restricted Licenses Following a Second-Offense DUI
After being charged with a second-offense DUI, drivers cannot apply for a restricted license. But after they are convicted, they can apply for a restricted license. If it is a second offense within five years, then the person cannot apply for a restricted license after a calendar year (or 12 months).
If it is a second offense within ten years, then the person can apply for a restricted license after a four-month period. If it is a first offense, the person can apply for a restricted license immediately. The license following a Colonial Heights second-offense DUI could be returned to drivers by the police officers on the day if they are acquitted of DUI.
