One of the most common consequences of a DUI is that your license may be suspended. This will prevent you from legally driving, and your options will be limited to a restricted or hardship license in most cases.
How a Restricted License Works
If you get pulled over with a suspended license after a DUI, you will be charged with a misdemeanor and might spend time in jail. You will also be forced to pay a fine. However, if you have a restricted license, you will be able to drive in order to travel to and from your workplace.
You may be told by the judge that you can apply for a restricted license. Not every judge will address this, and you may need to apply for a restricted license. However, there are some circumstances where you might not be eligible.
A DUI With a Suspended License
If you are pulled over and receive a DUI when you already had a suspended license, you will need to speak with a DUI attorney immediately. If your DUI charge sticks, you will not be eligible for a restricted license. You will also not be eligible for a restricted license if you refused to take a chemical test.
However, by working with a DUI lawyer, you may be able to have your DUI charges dismissed if the prosecutor is not able to prove that you were driving under the influence of alcohol.
How to Have Your DUI Charges Dismissed
After you are pulled over for a suspected DUI, the officer will look for evidence that you were under the influence of alcohol. However, if the officer violated your rights while pulling you over or when conducting an investigation, your lawyer will make sure that the evidence is suppressed in court.
For a police officer to pull you over, they will need probable cause. This means that the officer will need to prove that you were engaged in an action that would justify the officer pulling you over. They would then discover that you were driving with a suspended license.
The officer must also ask permission before performing a test and must read you your Miranda rights before questioning you. A DUI attorney will investigate how your arrest went down and will make sure that your rights are protected so you can have your DUI charges dropped and allow you to maintain your restricted license.
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