License Restrictions Following a Colonial Heights Third-Offense DUI
A third DUI offense usually leads to significantly increased penalties and the loss of driving privileges. Due to these high penalties, the legal process in the aftermath of an arrest may be more complicated than after a defendant’s prior arrests.
If you are facing license restrictions following a Colonial Heights third-offense DUI, reach out to a seasoned defense lawyer. An experienced third-offense DUI attorney could help you navigate the license appeal process and work to restore your driving privileges.
Revoking a Driver’s License Following a DUI
In most cases after a third DUI offense, a license will be indefinitely revoked, meaning that there is no timetable to get the license back. It will be up to the defendant to petition to the DMV and the court to grant them the right to have their license back. Also, the vehicle that the defendant drives and owns could be forfeited to the county.
A third DUI offense within five years of a previous offense carries a $1,000 mandatory fine, up to five years in jail, and a minimum of six months incarceration. If the timing of a third offense is more than five years, then the defendant may receive a significantly lower sentence, including a 90-day minimum jail sentence.
Administrative Suspension in Colonial Heights
After any DUI offense, the defendant’s license will automatically be suspended. This is known as an administrative suspension.
For a first offense, a person’s license is suspended administratively for seven days. On a second DUI offense, the license is administratively suspended for 60 days. With a DUI third offense, the license is administratively suspended for an indefinite period of time.
In most cases after a third DUI offense, a defendant’s license is suspended until the person has their court date and then, on their court date, their license will be un-suspended if they are found not guilty. If they are found guilty, then the license remains suspended and their driving privileges will not be restored.
Challenging a License Suspension After a Third DUI Offense
The biggest difference in challenging the administrative suspension after a third offense as opposed to a first or second is that with a third-offense DUI, there is more time to challenge the administrative suspension.
With a third offense, the defendant will remain without a license the entire time they are fighting the charges. Even though this means that they have a longer period to challenge the suspension, it may not be wise for an attorney to do so.
Often, challenging an administrative suspension involves questioning the validity of the original arrest. Therefore, in challenging the administrative suspension, an attorney may ask the general district court to find that the officers involved in the arrest acted outside of their scope as officers and did not have the requisite proof to conduct the search that ultimately led to the DUI arrest.
The drawback of such a challenge is that it may expose key aspects of the defense strategy, allowing prosecutors to pre-empt certain arguments and tweak their case for the actual criminal trial. Either way, it is critical for individuals facing license restrictions following a Colonial Heights third-offense DUI.
How a DUI Lawyer Could Help
If you have been charged with a third DUI offense, you may face serious license restrictions, including an indefinite suspension. An experienced DUI lawyer could work with you to navigate the criminal justice process after an arrest and fight to restore your license in due time. Call today if you are facing license restrictions following a Colonial Heights third-offense DUI.
