Driver’s License Suspension After a First-Time West Palm Beach DUI
After a DUI arrest, your first thought might be about heavy fines or jail time. However, there is also a mandatory driver’s license suspension after a first-time West Palm Beach DUI. For individuals who need to commute to work, this penalty can be especially devasting.
Thankfully, the legal team at Leifert & Leifert has extensive experience with DUI cases. Our lawyers understand the importance of keeping your license or getting it back as soon as possible, and they can fight on your behalf. Call today to discuss your case and begin building a defense.
What Happens During a First-Time DUI?
If the person has been arrested for a DUI, they will spend the night in jail and be released with a court date. Before a person gets to Court, if they fail a breath test or refuse to take one, the arresting officer has the right to suspend their license on the spot. They take the driver’s license and the person does not get it back when they leave the jail.
What happens to a first-time DUI arrestee and their driver’s license will depend upon whether they took a breath test and failed it or refused to take a breath test. If a person took a breath test and failed it, they are looking at a six-month driver’s license suspension, which starts on the 10th day following the date of the person’s arrest.
If the person is arrested for a first-time DUI and this is the first time they refused a breath test, they are looking at a 12-month suspension, also starting on the 10th day following the date of arrest.
Challenging a License Suspension
There are rights that a person can use to try and prevent the Government from suspending their license. If the challenge doesn’t work, there are programs that the person can use to waive his or her right to challenge and get a hardship license for the entire time.
That is why it is important to contact a lawyer within the first day or two after a DUI arrest. Call a lawyer early to get the ball rolling, make a plan, and try and get your license back through a challenge or a hardship license.
License Suspension After a DUI Conviction
Driver’s license suspension after a first-time West Palm Beach DUI conviction is mandatory. The minimum term is six months and the maximum term is 12 months. On a first offense, a person is eligible for a hardship license.
To be eligible for a hardship license, the person must not have any other DUIs and the person must have also completed the appropriate schools and classes. It is a West Palm Beach lawyer’s job to know which rules apply, to give instructions, and have them prepared to get a license immediately after Court.
If we cannot beat the case, and if we cannot get the client to a diversion program, we time it and work it out to ensure the least possible term of suspension. Sometimes, people convicted of DUIs are able to get a hardship license the day after Court. This happens because the team at Leifert & Leifert instructed them on what to do, how to do it, and got them ready, and we do not go to Court until we know they can already fix their license.
Getting a License Back After Acquittal
If a person is acquitted of the DUI, they can just go to the DMV and ask for their license back. If someone is acquitted, there is no DUI. As long as the person’s license is not otherwise suspended, they can get their license back and pay for a duplicate copy.
Most people that have a DUI charge have that administrative suspension for either failing a breath test or refusing to take a breath test. Sometimes that suspension might still be in effect. If a person’s license is otherwise valid and the person is innocent until proven guilty, that person has not lost his or her license. If a person’s license is otherwise valid and the person has not been convicted of a DUI, the person never lost their license.
Call the Team at Leifert & Leifert For More Information
If you face a driver’s license suspension after a first-time West Palm Beach DUI, you should contact the experienced criminal defense team at Leifert & Leifert right away. A lawyer could fight for the best possible outcome in your case and aggressively defend you from the Prosecution. Call today to schedule a free consultation.