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What happens to my drivers license after a DUI?
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This is one of the biggest concerns for most citizens in DUI cases. Often times individuals can afford to pay the fines, particularly if they are already considering hiring an attorney; and jail sentences are usually measured in days on simple DUI cases, rather than weeks or months. However, drivers license issues can go on for months, and even years in the most serious cases.
DUIs can affect an individual's driving privileges in two ways. First, 46.2-391.2 of the Virginia Code provides for an administrative suspension of your drivers license if you are arrested for DUI. Essentially, the officer will seize your drivers license on scene and return it to the court for disposition. The length of seizure will depend upon how many times the individual has been convicted of DUI. Someone charged with a first offense will lose their license for seven days. A second offense charge results in a 60 day loss of license. For a third or subsequent offense, the license is suspended until the date of trial.
That's just the beginning though. Once you actually go to trial, the judge will revoke your license upon conviction of a first offense for a period of one year. The judge cannot suspend any of this time. A second offense within 10 years means an automatic 3 year license suspension. A third offense results in an indefinite revocation of your privilege to drive (however, you may apply for reinstatement after 3 years with a restricted license; and after 5 years for an unrestricted license).
For first and second offense DUIs the judge may, and often does, authorize the issuance or a restricted drivers license (the judge cannot authorize a restricted license if you are convicted of refusing to take a breathalyzer). The terms of restricted licenses are up to the judge, but typically they allow an individual to drive to work, drive during work (if required by the job), drive to school, daycare, medical appointments, and alcohol counseling. The judge will determine what the specific terms of a restricted license are on a case by case basis.
Many people are so concerned about not going to jail that they forget about the loss of license and the drastic affect that can have on your life. The reality is that the affects on one's license are some of the most lasting and serious problems with a DUI conviction. If you are facing DUI charges anywhere in Hampton Roads, call us right away! We focus on DUIs, and are here to defend you charge and keep you driving! |
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Posted By Shawn Cline on
December 10, 2010 10:57 am |
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