Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
While losing one’s license after a Midland third-offense DUI may be a daunting situation. Know that you do not have to face it alone. A skilled defense attorney may be able to offer you their assistance in fighting back. In certain situations, a driver may apply for a commercial license after a certain period of time. So that they can still drive on the job with an ignition interlock device installed in their vehicle. Read on to learn more about how a professional defense lawyer could fight for you.
What Happens to a Driver’s License After a Midland Third-Offense DUI Charge?
Two different situations could occur to an individual’s license after a Midland third-offense DUI charge. When an individual is first arrested and give a sample for BAC level testing. They have the right to contest the driver’s license issue within 15 days. If they do not request a hearing within 15 days or fail their breath test within 40 days, the license would go into a two-year minimum suspension. When there is a blood test failure, that situation results in a one-year license suspension. In addition, a judge would require the individual to put an ignition interlock device in their vehicle as a condition of being on bond. Regardless, know that a driver still has the right to have a hearing on their license suspension with a skilled attorney on their side.
Challenging a License Suspension
There are two ways to challenge the suspension of one’s license after a Midland third-offense DUI charge. When someone is arrested for a DUI, they have two separate issues going on at the same time. They have a criminal case against them in addition to their driver’s license case. The driver’s license case is a civil case that is known as an Administrative License Revocation (ALR). An individual has 15 days from the date they were arrested to contest their ALR. As long as they act quickly, there will be no automatic suspension 40 days later and they can have a hearing held to see if they can keep their license with the help of a dedicated Midland lawyer.
Blood Test Results
If an individual consents to a blood test upon their arrest, there is not a 15-day rule involved. After the blood is tested and their results come back, the defendant will receive a notice if their BAC level was above 0.08. The driver will then have 20 days from the date of the letter sent by the Department of Safety to request a hearing to contest their license suspension.
Acquiring an Occupational License
It is possible to apply for an occupational or essential needs license after a Midland third-offense DUI charge when a driver has had their license suspended. A waiting period of up to one year may apply depending on whether the previous DUI convictions occurred within a certain time period. In order to have the suspension fully removed. The driver would need to be found not guilty of their third offense. If acquitted of a third-offense DUI. The Department of Public Safety must return the defendant’s driver’s license and take off their suspended status.
If you wish to learn more about fighting suspension of one’s license after a Midland third-offense DUI. Do not hesitate to contact a dedicated defense attorney today for your initial consultation.