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Your Driver’s License After a 2nd DUI In Anne Arundel County
Penalties After a 2nd DUI Conviction
If there’s a conviction, then there will be an additional suspension of the driver’s license beyond the administrative suspension that occurs in every Anne Arundel DUI case. If an individual is convicted of a second offense, especially a second offense within 5 years, then it’s very likely that the MVA will suspend the license.
If an individual received two convictions within the 5-year period, the MVA is required to suspend the license and at that point, the question will really only be whether or not there’s any type of modification that’s allowed.
Challenging License Suspension
There is some difference in the potential penalties for license suspensions between the first and the second offense, but not necessarily in how you challenge it. In a first offense, the judges have a lot more discretion after the first conviction than they would after a second. After a second conviction within a 5-year period, the judge is mandated to suspend for 1 year.
Applying for a Restricted License
After you’ve been charged with a 2nd DUI, you can absolutely apply for a restricted license. The MVA will allow you to have a restricted license for the administrative penalty. Sometimes, that may entail a significant period of time with an ignition interlock device in your vehicle. Other times, it may be a simple asking for a work permit. That’s going to be a fact-specific determination.
We’re going to have to look at the individual facts of the case as well as the individual’s driving needs to make the determination whether or not they should apply for a restricted or modified license.
Getting Your License Back If You Win Your Case
The administrative penalty is independent of the court penalty. So if an individual loses their administrative hearing and wins the court case, the MVA does not restore the driver’s license. There are sometimes different issues involved, different standards of proof, and different standard of evidence as well–so those two hearings are independent.
Speak with a DUI Attorney Today
By working with a DUI lawyer in Anne Arundel County, you can work to navigate the complex administrative and legal procedures that accompany DUI charges. MVA hearings, restricted licenses, and appealing your license suspension can be frustrating and difficult to handle without the assistance of a legal advocate who understands the how the process works. When you call our Maryland law offices, we’ll listen to your story so that we can understand how your DUI case is both similar to the other DUI cases we handle and also unique in its own right. Contact us today for your free initial consultation.