Being able to drive is one of the key privileges many Americans are able to enjoy every day. Getting your license suspended threatens that privilege, which is why you should contact an accomplished attorney today if you have been arrested for DUI for the second time. Another DUI charge can be tougher on the defendant when seeking Birmingham second offense DUI treatment, so make sure you get the consultation you need for your case.
License Following a ChargeDepending on the timing of the person’s prior offense, there could be a variety of driving sanctions after the second DUI arrest. An individual’s second offense within a seven-year period or a total of three alcohol offenses within 10 years can lead to a one-year revocation of a person’s driver’s license. There is no appeal, it is an automatic revocation. No hardship license is granted in these cases. The only exception is participation in a sobriety court setting if the sobriety court allows a restricted sobriety court license with an ignition interlock. The 48th District Court does not currently participate in those programs. Any convictions of a drunk driving offense can still compromise someone’s license and lead to a one-year revocation.
If the resolution of the case extends beyond the seven-year period between conviction to a further conviction, it could be as simple as a first offense sanction depending on the final charge. The lawyer can try to delay the progress of the case to maintain someone’s driving ability as long as possible so the defendant can get counseling, attend AA meetings, and maintain their employment.
Driver’s License After ConvictionWhen someone is convicted of a second DUI, the status of their driver’s license depends on whether there is a prior conviction within seven years. When there is a prior conviction, the conviction results in a one-year revocation of the person’s driver’s license. They cannot even apply to get a license of any kind until that one year period is up.
Once the person applies again they must meet a difficult standard, which is proving with clear and convincing evidence that they will never drink again. It is important that people who have a second offense pending are aware that their driving privileges are at stake. The individual should know their situation is different from their first offense. They need an attorney who understands and appreciates that when dealing with a Birmingham second offense DUI license treatment.
Challenging Second DUI Charge Differences from FirstIn Michigan, all sanctions are put forth by the Secretary of State. Unlike the judicial branch, there is no discretion in what they do.
Instead of having the judges make determinations on a case-by-case basis, the Secretary of State now handles all of the charges. When a person is convicted, the Secretary of State automatically applies the sanctions. People with special circumstances can suffer more than the general population. Even with restricted licenses in Michigan, there is no ability for someone to take their children to school or medical appointments. Those conditions are a greater hardship on a single person who does not have a support system in terms of transportation.
A second offense sanction in Michigan is automatic, which means there is no ability to challenge it.
Any conviction most likely leads to the revocation of one’s license for a minimum period of one year. At that point, the person must petition the Secretary of State. The person should have an attorney because they must prove by clear and convincing evidence that they are never going to drink and drive again. It is imperative they have an attorney who understands license sanctions and what the person is up against. The attorney can explain everything to the defendant and make sure they are prepared for the case with any potential sanctions.
Getting License Back After Being AcquittedWhen a person is acquitted of the DUI, the Secretary of State issues them a license upon proof that their case was dismissed and their driving privileges are reinstated. There is no action taken in a second offense until there is a conviction. As long as no conviction occurs, there is no driver’s license sanction regarding the second offense.
This does not apply to a situation where the person failed to do the breath test or blood test. In those situations, there is an implied consent suspension. Even if a person’s case is dismissed completely or the person is found not guilty at the trial, those penalties do not apply when there is an implied consent violation. There is a strong possibility that the person receives a one-year suspension. There is a petition the person can submit for a hardship to get some driving privileges in a restricted manner from the judge. Even if the judge gives a person the ability to drive on a restricted license, if the Secretary of State revokes it, the person cannot drive because the revocation has a higher level of precedence.
The Birmingham second offense DUI treatment process could be much more beneficial if you seek the services of a qualified attorney.