What Happens to Your License When You Get a Second DUI
Driver license suspension is a common punishment for driving under the influence, but the odds today are far greater of a longer license suspension up to 2 years on average when it is for a second DUI, DWI offense conviction. Even first-time offenders will probably lose their licenses for a short time under 2021 DUI laws unless the charges get dismissed in time.
What both 1st and 2nd DUI charges have in common however, are finding legal defenses that work as early as possible after an arrest happens. The chances to save a license from getting suspended are especially highest when an arrest review may identify that police had no valid cause to stop a driver to begin with that consequently led to the second DUI charge.
License suspension periods are determined at the state level and typically increase with the number of previous DUI convictions. This means that two-time DUI offenders may find themselves unable to drive for a very long time, and will require a car Breathalyzer interlock device if they get a restricted license for driving to work.
2nd DUI License Suspension Periods
September 2021, most states impose some type of driver license suspension or revocation for a first DUI conviction and the period ranges from 30 days to one year, depending on the state and factors contributing to the DUI charge. The state Department of Motor Vehicles or other relevant agency usually administers driver license suspensions or revocations for DUI convictions. These DMV penalties are considered separate from other consequences imposed by the court.
During 2nd offense DUI, DWI suspension periods, many people still may have alternate options available such as being able to get a hardship license so they can legally drive to work, school, or doctor visits. A hardship permit, restricted license can help many drivers who are worried about how to keep their job after a second DUI happens. An online arrest review will also provide immediate answers for individuals who have questions about getting a hardship license after a 2nd-time charge, as it pertains to their own case circumstances.
In most states, a repeat DUI offense carries harsher penalties, particularly if it occurs within five or ten years of the previous conviction, as dictated by state law. Unless a second DUI can get dismissed in time before a court conviction or guilty plea, a 2nd DUI, DWI offense carries a license suspension or revocation period of between 90 days and three years depending on the state. As a rule, two-time offenders should be prepared to lose their licenses for at least one year.
How Long Do You Lose Your License For a Second DUI Offense?
The new laws for how long a license is suspended for a second DUI or DWI offense is now for even a longer length of time than ever before. Only drivers who gets legal help early after an arrest happens, will have any chance to avoid a license suspension in a 2nd DUI case with the DMV and court. If convicted for a 2nd offense charge, a driver will lose their driver’s license and face the following average consequences:
- For a second DUI offense conviction or guilty plea, the average minimum penalty ranges from 10 to 90 days in jail and a 2 year driver’s license suspension length of time.
- For a 3rd offense conviction, the approximate minimum sentence is 90 days of jail-time and a minimum of 3 years of having a suspended license.
- These penalties are what the minimum sentencing guidelines are now with how strict the new second offense law has become in every state for both DUI and DWI. If a repeat offender is convicted of the charges, the actual sentence and fines/costs a person will face could be even more, since every driver’s arrest is unique to their own details of what took place.
In every type of driving under the influence case whether it is for a repeat 2nd time offense or not, and if a driver gets convicted of a DUI charge, they will also have a criminal record for life. They will also have to pay much much higher insurance rates after they get a driver’s license returned back to legally drive again after a suspension period ends. After a person begins driving a vehicle again with a valid license, they will also be required to have an Ignition Interlock device installed on the car under what the current new law is today for a second time offense conviction.
Arizona is one of few states that impose the same license suspension period, 90 days, regardless of the number of DUI convictions. New York imposes a six-month suspension on drivers convicted of second or third DUIs and Nebraska and Montana take the same approach with repeat offenders, requiring a one-year suspension period. In New Mexico, things are not as clear-cut for individuals convicted of a second DUI because the suspension period varies based on the circumstances.
Connecticut, Georgia, New Hampshire, and Virginia take a hard line with two-time DUI offenders, imposing a three-year driver license suspension or revocation. Drivers in these states who are charged with 2nd offense DUI should seriously consider retaining attorneys to help them fight the charges. In fact, anyone arrested for DUI would benefit from hiring a DUI lawyer. Expert DUI attorney free legal advice online lets people which mistakes are commonly made during DUI arrests and uses these to create a strong defense.
Taking action is the only way to avoid losing the license due to second offense DUI, DWI conviction in September 2021. Utilizing a free DUI arrest review will get the ball rolling in knowing what the best 2nd DUI defense is to save your license before a administrative license hearing happens. After a free online review with a top lawyer with knowledge of state and local DUI laws, an individual charged with a 2nd DUI will be better positioned to fight a case and avoid losing a driver license to a mandatory suspension period of a year or longer.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.