If you have questions about what could happen to your license following a Lubbock second-offense DUI, do not hesitate to reach out to a dedicated defense attorney who can help educate you on the potential penalties for this type of crime. Because the consequences of a second-offense DUI could potentially result in one’s license being suspended for a certain period of time, it is important to contest these instances aggressively.
If your occupation requires extensive on-the-job driving, you will need a qualified lawyer on your side who can fight for the mitigation of your penalties. Become acquainted with the following information to learn more about what happens to a driver’s license following a Lubbock second-offense DUI, as well as the ways a skilled attorney could make a difference in your case.
What Happens to a Driver’s License Following a Lubbock Second-Offense DUI?
If an individual is arrested and they refuse to give a breath test, or the results of their breath test are above the legal limit, they could be subject to an Administrative License Revocation (ALR) suspension.
If the driver has a prior administrative alcohol suspension in the last 10 years and they are suspended this time on an administrative action, this fact would increase their penalties. Normally, a first offense failure of the breath or blood test over 21 would result in a 90-day suspension of one’s driver’s license. However, on administrative action, this refusal could result in a 180-day suspension.
Breath Test Refusal on a Second-Offense DUI
If someone has received a prior license suspension within 10 years, then that suspension of 90 days on the first offense would instead result in a suspension of one year. That driver would not be able to receive an occupational license during that period of time.
When an individual gets arrested on a second-offense DUI, then as a condition of bond, they will be required to put an interlock device in their vehicle. The driver will receive a letter from the Department of Public Safety stating their license has been canceled. However, if a license is canceled because of an interlock, then they have to show proof of the interlock and pay a fee to the DPS to receive an interlock restrictive driver’s license.
Second-Offense DUI Conviction
After a driver is convicted of a second-offense DUI in Lubbock, their driver’s license is suspended for one year. It is significant to consider the fact that under a law that came about in 2015, if someone’s license is suspended because of a conviction, not because of an administrative act, and that individual is required to install an interlock device into their vehicle, a skilled attorney may be able to fight for an occupational driver’s license at the time that they enter a guilty plea. In this way, a professional defense lawyer may be able to at least ensure that the driver is able to continue working if driving is an important part of their job.
Restricted Driver’s License
After a conviction for a second DUI, there is no ability to challenge the license suspension. Following a conviction, there is a mandatory one-year driver’s license suspension. However, a person may be able to apply for a restricted license. A restricted license could allow the person to drive for certain reasons and during specific periods of the time of day. This means the individual can drive to work or to the grocery store, however, they will not have the ability to drive to the bar to hang out with friends.
The Role of a Skilled Defense Lawyer
While facing charges for a second-offense DUI can be a daunting situation, know that you do not have to face it alone. Reach out to a professional criminal attorney to learn about what could happen to your license following a Lubbock second-offense DUI today. An attorney may be able to help you get acquitted. If you are found not guilty, you will have your driving privileges reinstated.