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Your License After a First Time DUI Charge in Manassas

If you are charged with a DUI in Manassas and you deliver a breath sample that registers 0.08 or higher on the machine, or if you refuse to take the breath test, your license will be administratively suspended for seven days by the state. You will be able to pick it up at the courthouse after those seven days have expired. From that moment until your trial date, your license will remain unaffected.

If you are convicted of the DUI charge on a first offense, then your license will be suspended for 12 months. You will be able to get a restricted license so that you can go to work or school or anything else that is authorized by the statute. In order to avoid these serious penalties, the following is what you need to know. For legal assistance in building your defense for first time DUI charges in Manassas, call and schedule a consultation with a Manassas DUI lawyer today.

Challenging The Suspension of Your License

You have the right to challenge the suspension of your license after a first-time DUI. If you hire an attorney right away and your attorney believes that the government did not have probable cause to place you under arrest, then you can go to court and file a motion to challenge the probable cause in open court. If the judge rules that there was not probable cause to place you under arrest, then your license will be immediately returned.

Can You Apply For a Restricted License?

There is no restricted-license capability in the statute for the seven-day, administrative suspension which you incur immediately upon being charged. If you are charged and your license is administratively suspended, you cannot drive for seven days under any circumstances.

If You Are Not Convicted

The statute says that your license is administratively suspended for seven days, however the trial almost never happens within those seven days. So from a practical perspective it is not really a relevant question because it is just not something that can happen. From a legal perspective, however, if you are charged on a Monday and you have trial on a Friday, the way the law is written you still cannot get your license back until the seven days have expired.

Importance of Hiring An Attorney

If you are accused of driving under the influence it is necessary you hire an experienced, local attorney in order to put the forth the best possible defense. An attorney with local experience can advise you on what to expect when you appear in court, and assist you in poking holes in the prosecution and determining where their greatest weaknesses are. For help with your case, call and schedule a consultation today.