Somerset Third Offense DUI License Suspension
There is a very high likelihood that a person who receives a third offense DUI charge is going to lose their license for some period of time. If the person gets convicted of a third DUI, the points alone would cause their privilege to drive to be suspended or revoked.
Further, if they are convicted of a DUI within five years of a prior conviction for DUI, then that can trigger a suspension of up to one year. Once the person completed their suspension, they will also have to participate in the ignition interlock program and may face other requirements as well.
If a person’s privilege to drive is suspended because they were convicted, then the ability to challenge that suspension is limited. The opportunity to challenge the suspension of a privilege to drive takes place more often when talking about whether the person refused to take a breath test.
When talking about a suspension based on the fact that someone is convicted, the rules are clear about what the person can expect to happen with their privilege to drive. The only questions are how long would they be suspended and after the period suspension would they have an interlock device in their car. There also could the possibility of whether or not the person could get a restrictive license to be able to drive for work or for school.
Returned Privilege to Drive
If you are not convicted, there would be no action taken by the MVA on the person’s driver’s license. Many clients do not understand that if they are charged with a DUI, they are facing two different ways their privilege to drive can be suspended. What happens with the MVA and what happens at court are different things. If a person is facing a suspension because they refused to take a breath test or they took a breath test and their result was a particular number, that has nothing to do with what happens in court.
Theoretically, a person can have their privilege to drive suspended or have a restricted license because they refused to take a breath test, but at the same they might be successful in having their case dismissed in court or perhaps found not guilty. But, that suspension will not in any way be impacted by what happens in court. There is a separate way that a person’s privilege to drive can be suspended and that has to do with the outcome of the court case. If the person was either found not guilty or their case was dismissed, they will not have any negative consequences to their driver’s license.
Benefits of an Attorney
Another benefit to having a local experienced attorney is that they will know the law enforcement officers and where those officers might have particular strengths and weaknesses. That comes from having prior trials and conversations with those law enforcement officers. An attorney who regularly practices in front of the judge that sits there can give a defendant a good understanding of what they can expect from that judge, because they have watched that judge handle trials and sentencing over and over again.
An attorney walking into Somerset County for the first time is going to be at a disadvantage to the local attorney who regularly goes into court in Somerset County. It matters whether or not they have regularly practiced there and have a good working relationship with the prosecutors and the judges. A Somerset DUI attorney will be able to help you in these cases of your third offense DUI charge.