In addition to fines and potential time in jail, a driving under the influence charge in Loudoun County often means having your license suspended for some duration of time. With this in mind, the following is information on driving license suspensions including whether you can challenge a license suspension and how long someone accused of DUI typically has their license suspended.
To learn more about DUI license suspensions or to discuss another aspect of your case, call today and schedule a free consultation with a DUI lawyer in Loudoun County.
If you’re arrested for a DUI, the first license suspension you will encounter is an administrative license suspension.
If it is a first offense, the duration of the license suspension is seven days from the date of your charge. If you have a prior DUI conviction, there may be a longer suspension of up and until your date of trial.
If you believe that the officer did not have probable cause to arrest you or you’re improperly charged with a second or subsequent offense, you may benefit from a challenge to the administrative license suspension.
To challenge the administrative license suspension, you or your attorney will file a form with the general district court as soon as possible after you’ve been charged and ask for your docket for consideration.
During an administrative challenge hearing, you bear the burden of proof, so it is a little bit of an unusual circumstance.
For first offense DUIs, after the seven-day administrative suspension is over you may pick up your license at the clerk’s office and enjoy full driving privileges up and until they receive another license suspension, if that happens.
If you’re charged with a first offense DUI, your license will be suspended for a period of seven days under most circumstances. If you want to challenge that seven-day license suspension, you will need to file some paperwork with the General District Court of the jurisdiction in which you’re charged.
If you simply allow the seven days to pass, the suspension expires and your license and privileges are returned, pending any further suspension by the court if a conviction happens.
If you have a second or subsequent offense, your administrative suspension may be for a much longer period of time. During that period of time, you have the ability to file a motion to challenge probable cause for your arrest or probable cause for the specific charge you’ve been given. You bear the burden of proof if you make that challenge.
Patrick Woolley Attorney At Law