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In addition to criminal penalties such as jail time and fines, you may face enhanced penalties against your license for a second offense DUI charge. Below, a DC DUI lawyer discusses these penalties and how they differ from a first offense DUI charge. To learn more about what may happen to your license or for information on how to challenge a suspension, call and schedule a consultation today.
The process by which a person may get their license suspended on a second offense DUI is exactly the same as the first offense DUI. The person still receives the first notice of proposed revocation when he or she gets released from the police station and still has the option to request a hearing. The difference is that if someone is convicted of a second offense DUI or found by the D.C. DMV to be responsible for a second offense DUI, instead of only facing a six-month license revocation, they are then eligible for a two-year license revocation.
Just like for a first offense you’re not eligible for restricted licenses or limited licenses. The same possibilities still apply for having that suspension transfer to your home state in the event that you don’t have a D.C. driver’s license. Your home state then could move forward on its own suspension policies for a second offense DUI.
There is no difference between a first offense DUI and a second offense DUI for how to challenge the suspension of a license; the process is exactly the same.
Additionally, just like in the first offense, on a second offense there is no possibility of a restricted license for a DUI.
In the event that you are suspended by the D.C. DMV and then acquitted at trial or otherwise not convicted, then you can appeal to the D.C. DMV to reinstate your license. However, because the D.C. DMV applies its own standards and is not connected with the D.C. criminal court’s decisions, it is not required to give a person their license back after they’ve already revoked the license, even if the person has been acquitted at trial.
Due to the fact that you will not be eligible for a restricted license and you are facing a potential revocation period of two years, it is imperative to fight the initial charge as aggressively as possible. In order to do this, it is important you consult with a DUI lawyer with experience in DC as soon as possible so they can begin building your defense.
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