If you are experiencing a repeat DUI, your main concern needs to be the criminal charges that prosecutors will bring against you. The state and the courts do not like to see someone committing the same offense multiple times and they will not be lenient in doling out punishments. However, there is another aspect of your third DUI offense you need to know about, which is the punishments that the DMV will apply.
Beyond any fines or jail time, you might find that your license is suspended, potentially depriving you of the ability to drive yourself even after your criminal punishments are complete. Furthermore, the DMV may do this even without a criminal conviction. Talk to The Umansky Law Firm about how to deal with DMV penalties after a third DUI in Winter Garden and get a trusted legal advocate on your side.
The DMV can implement specific penalties depending on how many DUIs the defendant has had in their life. For a third conviction within 10 years of any prior conviction, the driver can only apply for a hardship license after a period of two years. In addition to any criminal penalties, all of the license suspension penalties also get enhanced every time someone gets another DUI.
Sometimes the criminal charges alone are enough for the DMV to impose their penalties on a Winter Garden motorist. The DMV does not need a conviction in order to suspend someone’s driving privileges. All they need is evidence from law enforcement that the person refused to blow the breathalyzer or they blew over the legal limit. When it comes to criminal penalties from the court of law, the court cannot impose any penalties or a sentence unless the person is convicted of a crime.
Similar to the second DUI situation, regardless of what happens in criminal court, the driver will still have to serve that administrative suspension with the DMV. That is true even if the charges are dismissed or they are acquitted.
The only way to challenge a license suspension after a DUI in Winter Garden is by requesting a formal review hearing with the DMV. For a third offense DUI, drivers are not entitled to receive a hardship license, which is why most third-time offenders request the formal review hearing and challenge their suspension. Typically, the person is not eligible for a hardship license after their third arrest.
Regardless of whether you are convicted and serve a jail sentence, the DMV will likely restrict or suspend your license if you are caught drinking and driving multiple times. The stakes are too important, so place a call to one of our dedicated criminal defense attorneys to represent you. We could help with your court proceedings and address the DMV penalties after a third DUI in Winter Garden.
The Umansky Law Firm Criminal Defense & Injury Attorneys
