License After an Oakland Third Offense DUI
When someone receives their third DUI conviction, their driver’s license will be suspended for three years. The individual is eligible for a restricted license after 12 months. Even then, the driver must have the ignition interlock device installed in their vehicle. If the person is not eligible for a restricted license, they have a revoked license for three years and cannot drive at all until the three-year period is over. If you have been charged with your third DUI, a seasoned attorney could help you understand what happens to your license after an Oakland third-offense DUI. A third-offense DUI attorney could also inform you of your options while advocating on your behalf throughout the legal process.
Immediate Consequences of a Third-Offense DUI
Before penalties are imposed, a conviction of a DUI is required. However, someone facing their third DUI offense could be ordered to do certain things by the court while their case is pending. These requirements usually include ordering the defendant to attend alcohol counseling or treatment and wear a device that monitors their alcohol intake called a SCRAM bracelet.
A person facing their third DUI charge may be ordered by the court to not consume any alcohol, regardless of whether they are driving or not. To enforce it, the court can order the person to wear the alcohol-monitoring device. The individual may also be subject to random testing, especially if the charge is a DUI for drugs. Any number of conditions could be imposed on someone faced with a third-time DUI charge. If the conditions are violated, they may be taken into custody by the court and remain in custody until their case is resolved through a plea bargain or a jury trial.
Challenging a License Suspension
The methods for challenging the suspension of a license after an Oakland third-offense DUI are the same as the first and second offense. This means the person can challenge the suspension via an administrative hearing. Anyone charged with a DUI in criminal court is also entitled to a hearing through the DMV. At the hearing, the attorney can challenge the basis for the arrest, stop, and any evidentiary issues. If the challenge is successful, there is no suspension ordered at this point. However, there could still be a suspension ordered in the criminal system depending on how the case resolves.
Applying for a Restricted License
After someone has had their license suspended, they may apply for a restricted license after the first year. If the individual is granted a restricted license, they are not permitted to drive any vehicle that does not have an ignition interlock device installed. However, if the person is not granted a restricted license, they cannot drive for three years. A restricted license allows an individual to drive to certain places like work, school, court, and the grocery store. To learn more about the restricted license after an Oakland third-offense DUI, call a knowledgeable attorney.
Getting License Back After an Acquittal
Assuming no suspension was ordered by the DMV following the administrative hearing, a person who is acquitted of a DUI can apply to have their full driving privileges reinstated by the DMV. The court system sends an abstract to the DMV after a person has a jury trial to show that the person was acquitted. As long as no prior suspension was ordered by the DMV, the individual is entitled to have their full driving privileges reinstated. If you have any questions regarding your license after an Oakland third-offense DUI and how a legal professional could help protect your driving privileges, speak with a seasoned lawyer today.