How long will my driving privilege be suspended if I don't take the chemical test? A second offense within 10 years will result in a two-year revocation.
A third or subsequent offense within 10 years will result in a three-year revocation. If you were under 21 years old at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: A first offense will result in a one-year suspension. How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing? Were you placed under lawful arrest or detained while on DUI probation? Were you driving a motor vehicle when you had 0. Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or when applicable urine, your driving privilege would be suspended for one year or revoked for two or three years? Did you refuse to submit to or fail to complete a blood or breath test, or if applicable a urine test after being requested to do so by a peace officer?
Am I obligated to have a DMV hearing? You are not required to request a DMV hearing if you do not want one. The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court.
Do I get my DL back? The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving.
How do I obtain a restricted DL? Submit proof of FR insurance. Refuse or fail to submit to a PAS test or other chemical test A two year suspension. I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license.
Does this have any effect on what happens to the DUI charge in criminal court? But if you do find yourself with multiple DUIs and wondering what your options are, here are answers to some of the most common questions you may be wondering about. After one DUI conviction in Michigan, you may face fines, jail time, or possible license restrictions.
The severity of your penalty depends on the circumstances of your DUI and your ability to pay fines and appear in court as requested. After your second DUI, there is no question — your license will be revoked.
This means that your ability to legally operate a motor vehicle has been taken away indefinitely. This is different than a restricted license, which requires you to operate a vehicle with an ignition interlock device.
It is also different than most suspended licenses, which are often automatically reinstated after one year or another set period of time. After any subsequent DUIs, the penalty is the same.
Your license will be revoked. There may be more severe penalties if other offenses are involved. The state prosecutor will usually call witnesses which your attorney can cross-examine to help prove that you should be tried in front of a jury. The prosecution might also present the judge with additional pieces of evidence to further prove that you were driving while intoxicated, which your lawyer will also need to argue against. At the end of the preliminary hearing, the judge will either dismiss your case so you don't have to go to trial or send it to trial for a jury to decide upon.
If the preliminary hearing judge decides there is enough evidence against you, you and your attorney will go to trial. The different stages of a DUI trial consist of:. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.
There are different avenues that the judge might take, depending on the severity of your charges and how frequently you've been convicted for DWI. The varying sentences include:. If you still feel that you were wrongly convicted, you can try file an appeal. You will need to hire an appeal lawyer to present your case to a higher court. You will only be able to ask for an appeal if you believe that there were procedural or substantive errors during your trial:.
Your attorney will argue that you deserve either to be tried again or that a mistrial be declared and the charges against you dismissed. The state's prosecution will also be there to argue that the guilty verdict should be upheld.
NOTE : It can take a long time for your appeal to be heard months or years. It's wise to plan your future following a guilty DUI charge accordingly. Driving Erratically If a police officer sees you driving in a reckless manner , it may lead them to suspect that you're under the influence. Probable Cause DUI arrests made on the basis of probable cause don't necessarily require the use of a Breathalyzer. Probable cause situations that might lead to a DUI include: Empty beer bottles on the floor of your car.
A strong smell of alcohol or other illegal substances coming from your vehicle. Slurred speech and questionable movements. Booking When you arrive at the police station the law enforcement officers will gather personal information from you.
This process includes: Recording your personal information , including: Name. Date of birth. Physical characteristics. Gathering details about the DUI charges that are being filed against you. The best way to do that is to have a good DUI lawyer on your side. Fill out the form to the right or call and get your free consultation today.
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