Virginia Criminal Defense Attorney
Prosecutors will take a second offense DUI much more seriously because the person has a history of driving under the influence. The state could suspend or restrict the individual’s license. The person does have an opportunity to challenge the suspension. Having a second offense DUI attorney is essential for someone who wants to challenge their license suspension.
If you are facing your second offense DUI charge, consult a Fairfax second offense attorney. Your license after a second offense DUI in Fairfax can be revoked, suspended, or restricted. A dedicated DUI attorney can assist you during this process.
A second offense DUI charge is going to depend on when a person’s second DUI was. If it is a second DUI charge within 10 years, then there is going to be an administrative license revocation of 60 days. If there is a second charge in five years, then there will be a 60-day administrative suspension.
Whenever there is a first time DUI, there is a seven-day administrative suspension that a person cannot challenge that is automatic upon arrest for a DUI. For the second one, if it is a second in five or a second in 10, then there is going to be a 60-day administrative suspension automatically. An attorney can challenge that. If an attorney wants to challenge that, they have to challenge the probable cause of the stop and they can put on a separate hearing to do that to try to get the license back after a second offense DUI in Fairfax.
If a person is trying to challenge a license suspension after a second offense DUI in Fairfax administratively, if a person is undergoing the process and there is a 60-day administrative license suspension that is attached automatically upon the arrest for the second offense DUI in 5 or 10, then an attorney would put on a hearing before the court date as soon as possible to try to get the license back and show that there is no probable cause.
A person cannot challenge a license suspension if they were convicted of a second DUI. Additionally, if a person has a second offense DUI and they are convicted of it, then they are going to get a three-year license revocation where they do not suspend the license, they take it.
The process of getting a restricted license after a second offense DUI is going to depend on why the person’s license was taken away and at what court the person is applying for a restricted license. In Fairfax County, for example, it is pretty easy. One can pass up a piece of paper or they negotiate with the prosecutor when they are negotiating a deal and then the judge will sign off on the restricted license.
A person could ask for things like to and from work, to and from school, to and from a place of religious worship, and sometimes to and from things like childcare if they have an ailing family member, and to and from the hospital on emergency-based only. There are various ways that a person can ask for a restricted license and, depending on who the judge is, they can be lenient. The places a person is not going to be able to go to and from are things like the gym or the store.
If they are acquitted of the DUI, again, after the period of suspension runs, the administrative suspension, their license is back automatically. What that means is if it is a week-long administrative suspension then what will happen is, after seven days, the court will either mail it to the person or they can go pick it up. If it is the 60-day administrative suspension, the same process will occur. After 60 days, it will either be mailed to the person or they can go pick it up from the court. Then while the case is pending, the license is fine after a second offense DUI in Fairfax.
A DUI attorney has the experience and dedication to help their client facing second offense DUI charges. Since the individual has to go through the process of getting a restricted license and needs to show the judge that they are able to drive safely, it is essential that they have legal representation. When someone is facing their second DUI charge, there are heightened license restrictions. An experienced DUI attorney is essential to building a solid defense.
If you are facing a second offense DUI charge, consult an experienced Fairfax second offense DUI lawyer. Since a second offense is taken very seriously, it is essential that you receive appropriate legal counsel.