Having an official DWI on your record, hefty fines to pay, and routine social responsibilities, such as work, that will be affected by the charge. Most of us can’t function without a car to get them where they need to go. Many times, you won’t be able to drive for a significant period of time, forcing you to depend on people to drive you somewhere.
But you will find that there will be times when you cannot find a ride to work, or to the store, or to pick the kids up from school. And you wonder: Is there some way to get my license back immediately after a conviction?
It all depends on the details.
The Revocation Of A License
When a person fails a DWI test, their license is immediately revoked, and they are usually arrested, handcuffs and all. The same goes for a test refusal, which is considered an admission of guilt. The amount of time that you may be without a license depends upon your previous driving history, your current needs, and the details of your case.
A single DWI can cause you to lose your license for 90 days. A second DWI means that your license will be suspended, or revoked, for a year. A third conviction could take your license away for a minimum of 3 years. This is a significant length of time that can, in some circumstances, be shortened. You will need to seek counsel from an experienced DWI attorney to try and get your license back after a suspension.
Your options include:
The Right To Challenge
You always have the right to challenge the license revocation. You and your attorney must file the necessary paperwork within 60 days of receiving the notice of revocation. Your arguments will be limited to the following arguments:
- There was no legitimate reason to pull you over in the first place.
- The officer lacked probable cause to arrest you.
- You weren’t the driver.
- The test itself may be invalid, or unreliable.
- Your BAC content was actually under 0.8%.
- You weren’t read the proper Breath Test Advisory.
- Your right to speak to an attorney before making your decision to test was cut short.
What Is The Ignition Interlock/Restricted License Program?
An ignition interlock is a licensing choice that many people have found to be sustainable. It is a device placed in every vehicle that you drive the forces you to breath into a breathalyzer every 3-5 minutes, and pass, for your car to start or continue moving.
In order to apply for this restricted license, you have to be over the age of 18, attend the required drug and alcohol treatment program, and even acquiesce to the use of a tracking device, if it is part of your acceptance into the program.
You will not be eligible if your DWI caused any injury to anyone or if you have more than two DWIs’ on your record within the past ten years. If you have over three convictions in your lifetime, you will not be able to get a restricted license.
An interlock device holds you accountable for your behavior, as the vehicle will not start if you have been drinking, and it increases safety on the road for everyone as it wholly prevents someone from drinking and driving.
Contact us at DeVore Criminal Defense to discuss your options and get your license back.
Posted 16th December 2022 by DeVore Law Office