License After a Howard County First Offense DUI

When someone is facing first offense driving under the influence charges, they may have important questions to ask their attorney. A first time DUI can be a complicated process, and the person may not understand all the different components that happen after their first offense. The person may lose their license after a Howard County first offense DUI.

A person can challenge the suspension of their license for a first time DUI. A first-offense DUI attorney can assist you in building a defense case and ensure that you understand your rights throughout the investigation and case.

License Penalties after Being Charged

There are several outcomes for a person’s driver’s license after a first time DUI charge in Howard County. It all depends, actually, on whether they blew into the machine or refused and if they blew, what they blew, then in court – when a person gets a DUI – two things are triggered. There is the criminal case and at the criminal case, if a person is found guilty, they get points, that can lead something to a suspension due to point accumulation.

If they get, on a first offense, probation before judgment, it is no points and the license won’t be affected.

However, what they blew or if they blew makes all the difference. If somebody refuses to blow into the machine, they are facing a nine-month suspension by virtue of refusing it. Even if they are found not guilty in the criminal case, they still will lose their license for nine months by virtue of refusing. However, if they blow and it is over 0.08, they face a six-month suspension of their driving privilege although there are some options they would have to keep it or maybe they do but they still have other consequences that are outside, and distinct, and separate from the actual criminal case.

Penalties after a Conviction

If they are convicted of a DWI, they will have 8 points and if it is a DUI, it’s 12. The way the MVA works is that someone has to get 3 points to get a warning letter; at 5 points, they have to do driver improvement; at 8 points, their privilege is suspended; at 12 points, they are revoked, and even a DWI, because it carries 8, there will be a loss of license. The person will get a letter from the MVA indicating their privilege will be lost.

What they can do at that point, however, is file a request for a hearing in a timely fashion, they will get a hearing and at that hearing which they have to go to separately, they can have to provide proof or a basis for the judge at that point to not suspend their driver’s license or otherwise take the most severe sanctions against them, but that is a separate proceeding that has to be done at a later date and that is also not even at the courthouse; that is done in a separate facility.

Challenging the Suspension of a License

If it is a refusal, there are ways of challenging a refusal. If it is not a refusal, then there are certain options that exist. For example, if somebody blew under a 0.15 but over a 0.08, then what can be done is, at a hearing, even if they are facing a six-month suspension, if provided a sufficient basis as to why it would be appropriate, a judge can allow the person to drive for the suspension period but only for limited purposes such as work, school, treatment and things of that nature. There is some flexibility.

If a person blows over 0.15, they can do that but they still have the option of getting an interlock device in their car – the blow device – which allows them to drive. They won’t be suspended but they will have that device for a year. They are in danger of losing their license. Whether it is by the breath or by being found guilty, they can go to a hearing and provide proof, or evidence, or a basis to why they shouldn’t be suspended and, in some situations, the administrative law judge that hears the case has the ability to give certain allowances without causing the person to lose their license entirely.

Restricted License

A person does not apply for a restricted license. They request a hearing once they receive an order or notice of suspension. At the hearing, they have to provide a basis as to why a judge should give them a restricted license if they are eligible for it, and if the judge finds that they are appropriate, and they are eligible, and it’s appropriate, at that hearing, can give the individual a restricted license.

Benefits of an Attorney

When someone is facing first offense driving under the influence charges, it is essential that they speak with an experienced attorney who can assist them in building a strong defense case. A person’s license after a Howard County first offense DUI could be suspended or revoked.

If you are facing charges for a DUI and it is your first offense, it is essential that you speak with a knowledgeable attorney who can build a defense case, and ensure you understand your legal rights during the investigation and hearing. You will not want to create a defense case without sound legal representation.