License After a First Offense DUI in Fredericksburg

After a first offense DUI in Fredericksburg, there is going to be an automatic administrative suspension of a person’s license imposed by DMV.

If you are facing first offense DUI charges in Fredericksburg, an experienced DUI lawyer can assess the facts of your case. A Fredericksburg DUI lawyer can help you understand the license process after a first offense DUI in Fredericksburg.

First-Time Convictions

At the time that the person is arrested for a first offense DUI in Fredericksburg, the person’s driver’s license will be taken away by the police and will not be returned until seven days later. If convicted, the person will receive an additional 12 months suspension of their license after a first offense DUI in Fredericksburg.

Once a person has been convicted of DUI for a first offense, they will surrender their physical license, and it will be suspended for a period of 12 months. The person will be able to get a restricted driver’s license, which the court will issue that day. The person will then be required, not sooner than 30 days but not later than 60 days, to take the restricted license to the DMV to complete that process of getting a new license.

Challenging a Suspension

Someone’s license after a first offense DUI in Fredericksburg can be suspended either because there is a plea agreement or a trial where there is a possibility of conviction. There is no way to challenge a license suspension once an individual has been convicted other than to appeal the case.

Any time a person is convicted of the DUI, the court does not have the discretion or the latitude to reduce that suspension or to choose to not give it to the person. The only way to challenge a license suspension is to challenge the DUI.

Applying for Restricted Licenses

A restricted license after a first offense DUI in Fredericksburg can be applied for any time after the person is convicted until the time that the license suspension expires. In most cases, if lawyers know that there is going to be a risk of license suspension, an application can be prepared in conjunction with the client prior to going in front of the judge. In the event that the license is suspended, the lawyer is ready to go with that application. The judge can find it immediately and the court has the ability to issue the restricted license that day.

Acquittal

The person’s physical license is taken away from them at the time that the person is arrested. It is returned after seven days. In the vast majority of the cases, a person will walk into court having a valid license in hand. If a person has a trial that day and they are acquitted, the person will walk out with a valid license and nothing else will need to be done.

Mistakes to Avoid

There are a couple of common mistakes that people make after a first offense DUI in Fredericksburg, when they are stopped by the police. The first one is that they are in a cooperative situation with the police.

Often, police have a friendly approach. They tell people that they are giving them some tests to make sure that they are okay. They act as though it is normal. In fact, police are attempting to build a case against people.

The biggest mistake that people make in cases regarding their driver’s license after a first offense DUI in Fredericksburg is interacting with the police. The Fifth Amendment guarantees people the ability to not incriminate themselves. People do not have to answer police questions about where they have been, what they have been drinking, or where they are going.