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Challenging a Brunswick County DUI License Suspension

In order to challenge a license suspension following a DUI in Brunswick County, a person should consult with an attorney as quickly as possible because there are a number of time limits in place. Further, many people are confused about whether or not they can still drive and when they may be able to retain their license, questions an experienced attorney will be able to answer. To learn more or get started on the process for challenging your license suspension, consult with an experienced Brunswick County DUI attorney today.

Immediate Penalties

In Virginia, the seven days are the most important. In those seven days following the person’s arrest for driving while suspended, first, the person can not drive at all, period. – not the person’s car, not his or her mom’s car, no one’s car. The period of days will also differ depending on if this is a first DUI, second, et cetera. It can be suspended administratively for lengthier periods if it is, for instance, a second or third offense.

Recent Changes

There are not any recent changes regarding a person’s ability to drive after DUI. The initial administrative license suspension is administrative, it has not changed. The biggest issue is that people go to court for their advisement and they do not understand that by that period, they can drive and if they can, sometimes the licenses are mailed to their address. A lot of people do not keep up with updating their addresses with DMV, so their license is taken on the side of the road, and the clerk’s office mails it back to the address on the license and that could be a state where a person does not even live in anymore.

Challenging the Suspension

If a person wanted to challenge the suspension of the person’s license subsequent to DUI first, the person would need to go through DMV not through the court because the court is not going to give the person’s license back in that initial seven-day period.

Hearing Process

As it relates to DUI, it is going to be different based on what number of DUIs that the person is charged with. The person is going to be particularly concerned about the mandatory license suspension as the offenses get higher in number. With a third DUI offense, for instance, the person’s license is going to be suspended until the day of trial. That is going to be a big concern for people because trial dates can be set out months beyond their initial stop. At that point, the person might want to go to the court and challenge the suspension dates on a speedy trial.

Obtaining a Restricted License

By petitioning the Brunswick General District Court, the person needs to have all of the information relating to what the person wants the restricted license for. They need v specific documents. The person can not just go to the court and say, “I am a contractor and people call me random times and I need to go cut grass or paint houses” the person has to have specific dates and times that the person will want to be on the road for work or that the person will on the road, whether it means they are going to church, work, picking up children, or seeing a doctor; they need to be specific.

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