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License Suspension Following a Fredericksburg DUI

In recent years, the ability to drive after receiving a DUI has been curtailed in some degree by harsher laws being passed. There used to be limited circumstances in which someone would be required to have an ignition interlock put on their car but that is now required for anyone who receives a restricted license after being convicted of DUI.

If a person does not challenge their license suspension following a Fredericksburg DUI, their privilege to drive could be reinstated by paying an administrative fee to the DMV. A seasoned driving under the influence lawyer could help you fight a suspended or revoked license after a DUI charge.

How to Challenge License Suspension in Fredericksburg

A person who has DUI conviction can apply for a restricted license when asked by the court for a restricted operator’s license. They can ask for the restrictions to be changed. Depending on the length of time someone’s license has been suspended, they can also file a motion to have their license reinstated. That is a much more complicated process and it is difficult showing that an individual isn’t a danger to drive, and that a restricted license is appropriate in their case and that all other legal requirements are out of the way.

It is difficult for someone who has a DUI to get their license reinstated but it is possible, and someone who has completed their alcohol treatment and has a period of six months with an ignition interlock can request the court to reinstate their driver’s license and they can be successful doing that. At a minimum, however, the court will require the ignition interlock and restricted driver’s license for a period of six months. The court will require the individual to be on a payment plan or have all of fines paid before beginning the restricted license.

What is the Hearing Process to Challenging Suspension?

To challenge a license suspension following a Fredericksburg DUI, there has to be a motion filed in the Circuit Court to review whether someone has completed the requirements of their probation and treatment and whether they have fulfilled the other legal requirements to have their license reinstated, or if there is any other reason that the court would have to not reinstate that person’s license.

A motion is completed and a court date is selected and then at the hearing in court, they will review the issues of concern and whether someone is legally eligible to have their license reinstated and in appropriate circumstances will either reinstate individual’s license or possibly continue the case as is.

What is the Ignition Interlock Device?

The ignition interlock is a breath analysis machine that is connected to an individual’s personal vehicle and it requires a breath sample before that driver starts the car engine. It is a sensitive breath analysis alcohol detection machine that will detect even small amounts of alcohol, even from the use of mouthwash, even from certain types of gum and even from cologne or perfume. It is common for people to have issues with the ignition interlock machine because they use mouthwash or gum or something else.

It is an expensive device that can only be put on one car or one individual and then every time that car is started, the ignition interlock has to be used to start it. If there is any problem with the ignition interlock, and if there is a result indicating alcohol, it will alert the authorities and that driver will have to go to court and explain why they had a problem with the ignition interlock.

It has become more commonplace in recent years to have a longer suspension of driver’s licenses and fewer restricted licenses. Even with the requirement for ignition interlock, there are cases where people have a difficult time receiving a restricted license because of their driving record.

Likelihood of Retaining a Restricted License

In Fredericksburg, a restricted license is possible to obtain. An individual needs to make a motion in the court that suspended their operator’s license. This could be in General District Court. If the General District Court suspended their driver’s license, they can go to General District Court and ask for a restricted license.

Each court has a form with their personal information. The person has to include the address of their work and when they need to go to work, the address of their school and their church, when they go to school and church and any medical appointments they have to be able to make, and the court reviews that information and then decides if they want to grant the restricted license and then that individual needs to take the restricted license to ASF for ASF approval and then go back to the court and then from the court to the DMV for final approval and to issue their actual restricted license.

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