Factors That Determine The Length Of DUI License Suspension

Blog

Driving license suspension is one of the things people fear most when facing DUI (driving under the influence) charges. The more your license is suspended, the more you will have a problem getting around, especially if your private car is your primary means of getting around. Here are some of the things that determine how long your license is suspended:

The Length of Your Administrative Suspension

There are two forms of DUI license suspension; administrative and court-ordered suspension. The administrative suspension often occurs before the court-ordered one.  The administrative suspension, which is administered by your state's Department of Motor Vehicles (DMV), occurs very fast; in many cases, it starts even before your criminal trial. The court-ordered suspension only occurs if you are convicted of your DUI charges.

In some places, the court will take into consideration the length of your administrative suspension when determining the length of the suspension to impose on you. For example, if the court has determined that you need to serve a six-month suspension, and you already served a one-month administrative suspension, it will only impose on you a further five months.

How Much Jail Time You Are Facing

The court may also take into consideration how much jail time you are facing. Generally, a lengthy jail time may be accompanied by a shorter duration for the court-ordered license suspension, and the reverse is also true.

The Existence of Prior DUI Convictions

This is one of the most important factors that will determine how long your driving license is suspended. As a rule, the first DUI attracts the shortest license suspension duration with subsequent DUIs attracting longer and longer suspension durations. This means if you have a DUI conviction in your history, and you are facing another DUI charge, you should go all out in defending your charges because the consequences of losing would be direr for you than a first-time DUI convict.

Any Aggravating Factors Associated With Your Case

Lastly, the presence and absence of aggravating factors will also determine how long you have to serve your court-ordered suspension. Here are some of the aggravating factors that may lead to longer suspension duration:

  • Being underage – as far as the drinking age is concerned
  • If you were on probation and the DUI violated its terms
  • Refusing DUI tests
  • Causing a serious DUI accident

As usual, a DUI lawyer can help you defend your DUI charges and, hopefully, avoid a license suspension. This is why you need to get a DUI attorney involved in the process as early as possible.

Share

19 December 2017

Introduction To Legal Defense: Criminal Defense Options

Growing up in a law enforcement family, I learned a lot about how arrests take place, what goes into investigations, and more. That gave me a really unique insight when it comes to criminal defense options and the areas where there may be vulnerabilities or loopholes that can be used in court. I've done a lot of research into the legalities of criminal defense as well, so it's allowed me to merge the two and create a site that offers a comprehensive look at criminal defense options and the court's expectations. It's always best to work with a lawyer, but having an understanding of the basics first will help.