If you are charged with driving under the influence in Virginia, you will likely face a driver’s license suspension of some kind in addition to other penalties such as fines and jail time. The length and severity of your suspension can differ depending on various circumstances, but for for a first offense, your license will be suspended automatically for seven days, which is known as an administrative suspension.
Due to this automatic suspension, and the fact that your license could be suspended for much longer, it is imperative that you contact a DUI lawyer in Norfolk as soon as you are charged. Being without a license for an extended period of time can be a nuisance and have an adverse impact on your job or education.
Therefore, make sure to call today and schedule a comprehensive consultation as soon as possible so that you can discuss the details of your case and develop the strongest possible defense for holding on to your Virginia driver’s license.
In Norfolk, the administrative license suspension hearings are heard in the Norfolk general district court at the same time as the DUI hearing is heard.
You can indeed challenge the suspension of your license after a DUI in Norfolk. If it is a first offense, then your license is suspended for seven days beginning from the date of your charge. If you have a prior DUI, then the suspension can be even longer and sometimes last until the date of your trial.
If you have any reason to believe that the law enforcement officer that charged you did not have probable cause for the arrest or if you were improperly charged with a second DUI, or a subsequent offense then it would be beneficial to you to possibly challenge the administrative license suspension.
In order to do this, you have to file a form with the general district court with your attorney as soon as possible after you are charged and ask to be put on the docket for consideration. During the hearing, it is a little bit different than typical hearings, because the burden of proof falls upon you rather than the other side having it.
For first time DUIs, since your license is suspended for seven days, typically you are going to want to challenge the suspension pretty immediately. If you do not challenge it within seven days then the suspension expires and it is moot to challenge it because it is over.
If there is a second or a subsequent offense and the suspension lasts much longer, you have the ability to file a motion to challenge probable cause for your arrest or a probable cause for the specific charge you have been given. Again, you would bear the burden of proof in this situation if you do meet that challenge.
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