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Birmingham License After a First Offense DUI Conviction
Getting arrested for a DUI can have serious consequences regarding your driver’s license. Even if this is a first time DUI arrest, a conviction can lead to a license suspension and additional penalties.
If you have been charged with a DUI, you should contact an attorney today for guidance pertaining to your license after a Birmingham first offense DUI conviction.Driver’s License After DUI Conviction
Their license at the time of a DUI arrest is taken and destroyed. This can be difficult for people who need to have a photo ID. Attorneys suggest if they need a photo ID that they use their passport or any other government-issued ID. Michigan is allowing people to get a state ID for $25, which is a picture plastic card. It looks nearly identical in Michigan to the actual driver’s license, but the person will also be handed a piece of paper that functions as their driver’s license.
Depending on whether or not the person takes the requested test – often times, it is the breath test – the person will be handed either a DI-177 or a DI-93. A DI-93 comes in the case of a refusal and the person will be subject to sanctions on that refusal. The DI-177 is a full and valid driver’s license; it is not plastic and does not have someone’s picture, which is why they might consider getting a state ID.
It is very difficult to obtain another copy of a DI-177 or a DI-93. That is their driver’s license during the pendency of the case. Depending on whether they took the test, the license sanctions will apply at the end of the drunk driving case and not until that point, meaning there are no driver’s license sanctions until and unless there is a conviction for a crime. It could take months before any driver’s license suspension restriction takes effect.When do Sanctions on the Driver’s License Hit?
Additionally, even when a conviction is entered either by plea or by finding of guilty at trial, it takes approximately three weeks for the license sanction to hit. The Secretary of State will be informed by the court after the plea or conviction that the conviction is entered, they will generate a letter, and send it to the home of record of the defendant. That letter will indicate that in approximately a week or less their driver’s license sanction will begin. It gives them approximately three weeks to prepare for any driver’s license sanction before such a sanction would hit.DI-93 Refusal Form
If an individual receives a DI-93 because they either refused the test or the officer believes they refused the test, the driver’s license sanctions on an implied consent refusal are not a criminal matter and will not be handled in the court but in an administrative manner handled by the Secretary of State. In that case, when the person receives a DI-93, they have 14 days to request a hearing. Otherwise, the person’s license will be automatically suspended for a period of one year. If a person requests a hearing, they have an opportunity to go to the Secretary of State and contest the refusal. If the person can prove that either it was not a refusal or that the refusal was reasonable, there will be no sanctions. However, if the person is unable to do so, the one-year suspension will take effect. There will also be six points automatically added to the person’s record.
As far as the implied consent suspension, it can take place before the case is decided, while the case is being decided, or potentially after the case is decided. It is very important that a person understands that there are two completely separate processes that take place.Restricted Driving Privileges
Once a suspension is entered, it is possible to go to a circuit court where the person was stopped and obtain restricted driving privileges. The restricted driving privileges would be available for a period up to the year that the person was suspended. However, because the person is going in front of a judge, the privileges are not automatic and can fluctuate, depending on what the judge is or is not willing to grant. There can also be additional conditions placed upon the license, including the installation of ignition interlock.
It is unlikely that the person will get in front of the judge before any suspension takes effect, meaning there will be a period of time where the person would not be able to drive because the case cannot proceed in the circuit court quickly enough to avoid those sanctions. There are timelines that they would have to be followed in regards to filing those requests. It is very important that a person has an attorney that understands these various driver’s sanctions and timelines, so the person is out on the road as much as possible and does not lose their ability to get to work or take their kids to school.Additional Penalties
If a person has a license that is suspended or restricted and violates that, it constitutes a crime. That crime not only reinstates any suspension/restriction period for a lengthy period of time but more importantly, as a separate crime it could be a violation of the person’s bond in front of a judge or probation if the case has been decided. That could lead to additional sanctions, including jail time.
It is important that people understand what the sanctions are and take appropriate action in advance, so they can be prepared for any potential eventualities. To find out more regarding your license after a Birmingham first offense DUI charge, consult a lawyer today.