License Following a Columbia First-Offense DUI

There are many things that may happen if charged with a first-offense DUI. Everything is dependent on whether or not there was a conviction. It is important to know and understand such circumstances, especially if you may be facing. If you wish to learn more about the impacts of a first driving under the influence offense can have on your license, contact an experienced first-offense DUI attorney. Call to learn more about what happens to your license following a Columbia first-offense DUI.

What Happens to a Person’s Driver’s License After a First-Offense DUI Charge?

If a person is convicted of a DUI, they may be facing a six-month suspension, but they could be eligible for a provisional license if they had a BAC below 0.15. If they refused, they may have the ignition interlock device for six months and will not be eligible for a provisional license, and the same applies if the person had a BAC above 0.15.

First-Offense DUI Conviction in Columbia

There is a difference between the conviction versus the implied consent by itself. Certainly, when somebody is arrested and refuses the test, they may still have that six-month suspension. This information could be considered as implied consent. For a conviction, the person could also receive a six-month suspension that would be in addition to the implied consent suspension.

Challenging the Suspension of a License

A person has 30 days to challenge what is called a contested case hearing and, essentially, an administrative hearing. This costs $200.00 at the Office of Motor Vehicle Hearings and the Administrative Law Court, and the 30 days start from the time the person is given the implied consent, which is the night the person is arrested. Once it has been filed, the person will have their suspension placed on hold while they schedule a hearing.

During this time, the person could go to the Department of Motor Vehicles, the DMV, and get a temporary alcohol restricted license, or TARL, and the person will be able to drive. Everything would be the same as a normal driver’s license except for the fact that they cannot drive out of state. They will do that until the person has the hearing. At the hearing, the attorney will challenge the administrative suspension and, if successful, the suspension will go away.

Applying for Restricted Licenses After Being Charged with a First-Offense DUI in Columbia

If the person has applied for the contested case hearing and has lost and the suspension is upheld, they can apply for a root-restricted license. A person only gets one of these in their lifetime, and it allows them to drive to and from either work or school. Now, if convicted of a DUI and the person’s license is suspended, depending on the BAC level or whether the person refused to take the test, it may determine whether the person is eligible for a provisional license on the first offense.

Upon acquittal, a person not guilty will go to the DMV to get their full license back as soon as the information can be processed. They may be treated as if they were not arrested and their license was not suspended. Everything may be fixed as soon as possible by the Department of Motor Vehicles.