One of the primary concerns for people after being charged with a second DUI is what will happen to their driver’s license. Importantly, the administrative penalties of the Florida DMV act independently from any criminal fallout. Ask our skilled drunk driving defense attorneys for help when you are facing a suspension of a driver’s license after a second DUI in Winter Garden.
When it comes to the DMV, a second DUI is different than the first because the person is not eligible to waive the challenge of the suspension and just get the automatic hardship license. What typically happens within the first 10 days of an arrest is, if it is someone’s second DUI, they may want the option of challenging the suspension as opposed to applying for a hardship, because most second time offenders will not be eligible for that hardship right away. If someone needs to get on the road right away, they may want to choose the other option, which is to challenge the suspension so that they can hope for a temporary permit from the DMV to drive until their hearing.
On a second DUI conviction, the driver will most likely have to suffer the majority, if not all, of their suspension without a hardship license. The DMV’s rules make it a lot more difficult to get a hardship license for the duration of a suspension if it is not the driver’s first DUI conviction in Winter Garden.
The difference between challenging a suspension after a first DUI and a second DUI is that it might be harder to achieve a restricted license. This is the same as a hardship or business-purpose only license – they have several different names but they are all one in the same: hardship, business purpose only, and restricted license. For a second time DUI offender, the biggest challenge is that there are not as many options available to them.
Drivers can apply for a restricted license, but there will be certain rules in place that govern when they can apply and the likelihood that it will be granted. For example, if it is a repeat DUI, then the driver may have a waiting period of 30 to 90 days before they can even apply for a hardship license.
Getting a license back after being acquitted of a second DUI is no different than getting it back after a first DUI. With some exceptions, what happens in Winter Garden criminal court has almost no bearing on the administrative suspension from the DMV. Even if the person is acquitted in court, they will still have to go through the DMVs process of applying for a hardship or applying for reinstatement if they qualify.
Whether you were convicted or acquitted of your drunk driving charge, you will need to get the DMV to reinstate their license or ask for a limited one. For many people, driving is a critical part of their life and the way they earn a living. Contact The Umansky Law Firm to discuss the suspension of your driver’s license after a second DUI in Winter Garden.
The Umansky Law Firm Criminal Defense & Injury Attorneys