If you require legal assistance in challenging a Midland first-offense DUI license suspension, do not hesitate to reach out to a skilled defense attorney for help. A professional traffic lawyer can offer you their guidance accumulated through years of dedicated legal practice so that you can be aware of what options exist for you. Depending on the circumstances surrounding why your license was suspended, a dedicated attorney could fight for you to receive an occupational license so that you can still drive to work and take care of your family as needed. Read on to learn more about what goes into challenging a Midland first-offense DUI license suspension, as well as the ways a determined lawyer could help.
What Needs to be Proven for a License Suspension
A driver’s license hearing is conducted by the State Office of Administrative Hearings, where the Department of Public Safety is acting to take away one’s driver’s license. Before this can happen, however, three things must be proven. They must prove that the law enforcement officer had a legal reason to conduct the traffic stop. Then, they must prove probable cause for the arrest, meaning there were enough facts present to arrest the driver.
Finally, they must prove that the individual was properly warned and refused to take a sobriety test or yielded test results that were above the legal limit. If all three of these events can be proven, then the Department of Public Safety can get a suspension of one’s driver’s license. Reach out to a weathered lawyer to learn more.
Obtaining an Occupational License
Because of a law that took place in 2015, an attorney may be able to fight for an occupational license after a suspension during particular circumstances. This was a huge step taken for helping those in need of challenging a Midland first-offense DUI license suspension. When there is a situation where someone is suspended because of a conviction, if they have an interlock installed inside of their vehicle during the period of the suspension, then their lawyer could get them an occupational license or an essential need license so they can continue to go to school, go to work, and take care of their family. The interlock device monitors one’s BAC levels before they drive, and if a driver blows a level above the legal limit, then the car will not start.
Administrative License Revocation (ALR)
However, if someone’s license was suspended because of an Administrative License Revocation, they must go through a different process with different rules. Challenging a Midland first-offense DUI license suspension will be more difficult in these circumstances. This procedure is complicated and depends on their prior history, whether they were convicted or charged in the past, or had their license suspended multiple times. A skilled DUI lawyer will look at one’s driving record and eligibility to determine which process will work best for them.
Retrieving a License after an Acquittal
When someone is found not guilty by a judge or jury, the statute requires that the Department of Public Safety remove any suspension of that DUI including an administrative suspension from their record. Once a not guilty verdict is filed, the defendant’s attorney receives a certified copy of the verdict and sends it with additional documents to the Department of Public Safety that must remove that conviction and allow the individual to retrieve their license.
To learn more about what steps you need to take before challenging a Midland first-offense DUI license suspension, contact a seasoned defense attorney today for your initial consultation.