License Following a Lexington Third-Offense DUI

What happens to a license following a Lexington third-offense DUI depends on many factors in the case. For instance, if it is an implied consent suspension and not based on a conviction for the DUI, the person will be looking at a license suspension for 12 months. If they had a third DUI, whether their blood alcohol content (BAC) level was greater than 0.15, then they will be facing a suspension of three months of their driver’s license. If it was a conviction, even just a mandatory minimum sentence on a third offense, 60 days is the lowest level as the minimum, up to 90 and up to even six months. It is possible in cases that a person can be suspended twice, one for the implied consent and two for the criminal conviction.

Read below to learn more about your license following a Lexington third-offense DUI. And if you are facing charges, get in touch with a seasoned third-offense DUI lawyer today.

Challenging a License Suspension Following a Third-Offense DUI

Challenging a license suspension following a Lexington third-offense DUI is the same as an earlier offense. This especially true if the license is suspended due to the driver refusing to take a breath or blood test. In contested officer motor vehicle hearings, the arresting officers have to prove that it was a lawful arrest and that they gave a written copy and orally informed the defendant of the implied-consent rights.

At this hearing, the state must prove whether the test operator was qualified. The operator must prove that they were qualified to conduct the report on the Datamaster, whether the test sample is a breath, blood sample, or urine sample. They will have to prove that the machine was working properly and whether they have met their burden of proving the implied consent suspension.

If a driver is arrested for a third-offense DUI, they have 30 days to challenge their implied consent suspension. They have 30 days from the issuance of the notice of suspension, which is typically the same date as the arrest.

Getting License Back After an Acquittal

If a person is acquitted of a DUI but they had the implied consent suspension, their driver’s license will still stay suspended. This is because an acquittal does not address the administrative matter.

If there was not a suspension related to the administrative matter, then the acquittal ends the case entirely. In this situation, the defendant will then get their driver’s license back.

Call a Lexington Attorney Today

If you have any questions about your driver’s license following a Lexington third-offense DUI, consult with an accomplished lawyer. A local attorney knows how to deal with the police and prosecutors, which could be a great benefit to you. An experienced lawyer could fight for you and protect your rights. They could help you get your charges dropped or mitigated. Also, a dedicated attorney could help you get your license back if it has been suspended. Call today and set up a consultation with a well-versed legal professional.