How Can Your License Be Suspended From a DUI?
Your license can be suspended two ways in a DUI. If you are charged with DUI there is an administrative suspension anywhere from 7 days to 60 days depending on if it is a first offense or a second or third.
A DUI can also result in a long term suspension if you are convicted.
For these reasons if you have been charged with DUI, even if it is only a first offense, you should contact a Richmond DUI lawyer to ensure that you are getting the best possible result from your case.
Can You Challenge This Suspension? Is It Automatic?
You can’t challenge the suspension on a DUI after a conviction. That is a suspension that is statutorily required and it automatically goes into effect whether it is suspension for a first offense, a second, or third it all depends on the charge.
You can attempt to challenge administrative suspension for a DUI or a suspension that is applied once you are charged. The basis for challenging an administrative suspension would be if there is an error in the number of prior offenses that they claim you have or if you can show that there is an immediate issue with the machine that was used to test you for DUI.
How Can You Get Your License Back? Do You Need To Be Acquitted?
Well you have to in administrative suspension cases what you would have to do is petition the General District Court for a hearing to release the administrative suspension. This is very difficult thing to do and it is rare for a Court to lift and administrative suspension.
If convicted of a DUI you can attempt to obtain a restrictive operator’s license which is a license that will allow you to get to and from work, to and from medical appointments, to and from child care and things of that nature. For that you need to petition the court where the conviction originated and file what is called a petition for restrictive license. The Court will require that you in the Virginia Alcohol Safety Action program and have an ignition interlock installed on your vehicle for a minimum of 6 months.
How a Richmond Traffic Lawyer Can Help
It is important that you get a Virginia traffic attorney in suspension case because they can assist in determining if the suspension is valid and if proper notice has been given for the suspension. An attorney can also attempt to assist in reinstating of your license and reinstating of your driving privileges and petition the court or the proper agency for that.
