QUESTION
What will happen if my license was suspended at the time of my dui?
Asked on May 08th, 2011 on Criminal Law - California
More details to this question:
My license was suspended and I was pulled over for dui. What will happen? This is my first dui.
22 ANSWERS
Theodore W. Robinson
It will make things more difficult for you with the DWI. Hire a great lawyer and they will handle the entire thing at one time. Good luck.
Answered on May 13th, 2011 at 11:37 AM
If you were driving without a valid driver's license, you could be charge with operating while license suspended in addition to OWI. Operation while licensed suspended is a separate misdemeanor offense. If you want further information, contact us.
Answered on May 12th, 2011 at 9:33 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In short, you could also be charged with the offense of DWLS. If so, you will face the DUI and the DWLS charge, typically at the same time. My suggestion is that you get copy of your driving record and take that to your attorney. The Attorney will be able to tell you what to do to best manage your case. Should your case be in Oakland, Macomb or Wayne counties, you may contact my office for an appointment.
Answered on May 12th, 2011 at 9:32 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You will get charged with driving while license suspended. You need a lawyer to handle the DUI and the driving while license suspended cases since these are very serious charges and an experienced attorney such as myself can help you receive the best outcome of the cases. Visit my website for more information.
Answered on May 11th, 2011 at 9:56 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
You will also receive an additional charge of Driving Under Suspension or Driving During Revocation.
Answered on May 11th, 2011 at 9:41 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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If you don't do anything your license will be suspended for 4 months beginning 30 days after the arrest. If you request a DMV hearing within 10 days of the arrest the suspension will be delayed until at least the day of the hearing. After the 1st 30 days of the suspension you can ask for a restricted license. If you were under 21 at the time of the arrest the 4 months becomes 1 year. There are many more nuances to this. You should consult a good lawyer personally to learn more. For more info or a free quote call us
Answered on May 11th, 2011 at 9:25 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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When charged with a misdemeanor, like DUI, you potentially face up to 6-12 months in jail. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial.
When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony.
If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on May 10th, 2011 at 10:56 AM
Once you are arrested for DUI, and your license has been suspended, you should immediately hire a private criminal defense attorney. In the criminal justice system, and especially with regard to DUI cases, there are often short deadlines within which you can mount an effective challenge. An attorney can start trying to get your license back within days after your arrest, but you must hire him quickly. Once the time to review the decision has passed it becomes more difficult to accomplish things for your benefit.
Answered on May 10th, 2011 at 10:52 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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It raises the cost of your car insurance, and decreases points on your license. Now the Police have you on their radar and if you become a repeat offender, you may have your license suspend for longer than you have it now.
Answered on May 10th, 2011 at 10:13 AM
You are looking at a DUI charge and a 14601.1 charge. You need to hire an attorney to assist you as soon as possible.
Answered on May 10th, 2011 at 9:51 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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You will be charged with driving with a suspended license in addition to DUI. The lawyer you hire for the DUI should be able to deal with both.
Answered on May 10th, 2011 at 9:48 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The charges for your DWI will be enhanced based upon the fact that your license was suspended at the time of the arrest. You can certainly expect that your license will continue to be suspended for an extended period of time resulting from this arrest and that the penalties imposed for a conviction on this DWI may be harsher than the minimum requirements. You are advised to hire an attorney who will be able to work to defend you in this matter.
Answered on May 10th, 2011 at 9:40 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends why your license was suspended. However, assuming it was a missed fine or similar problem, you will need to clear the default before the DWI license loss would begin running. Also you should contact a DWI lawyer ASAP, it is important as the administrative rights loss will be triggered after 30 days. There are many defenses to a DWI charge that may apply.
Answered on May 10th, 2011 at 9:30 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You will likely be charged with two crimes instead of one. Contact me for a free consultation.
Answered on May 09th, 2011 at 3:52 PM
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In Flordpida, a DWLS charges does not enhance a DUI charge. It would be best to try to clear up the suspension prior to court.
Answered on May 09th, 2011 at 3:50 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You will probably be charged with a second count of driving while license suspended. This is a misdemeanor.
Answered on May 09th, 2011 at 3:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You could also get charged with Driving with a Suspended License (DWLS) which is a misdemeanor as well. It means additional sanctions and possibly more fines/costs, higher insurance premiums, vehicle immobilization. It also depends on what your blood alcohol content (BAC) was. You are facing a possibility jail but unlikely for a first offense DUI. What was your license suspended for and what is your driving and criminal record like? I would advise you to seek out an experienced criminal attorney before pleading to anything. Only a trained eye can review the police report and lab results for errors which could get the charges reduced or dismissed. The amount of money you spend on an attorney you will save in the long run in terms of fines, costs, higher insurance premiums, etc. that they can save you.
Answered on May 09th, 2011 at 3:45 PM
Then you are likely to be charged with driving on a suspended license, a misdemeanor, on top of the DUI. Consult an attorney who is competent to represent you on both charges, because these types of cases (where both are charged) can often be negotiated down to a VC 12500(a), a less serious charge, by an experienced attorney.
Answered on May 09th, 2011 at 12:52 PM
If you are caught driving with a suspended license as a result of a DUI there is a mandatory 10 day jail sentence that the court can impose. You need an attorney in such a situation to help work out a possible deal so that the impact is lessened.
Answered on May 09th, 2011 at 12:51 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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It depends on the reason for the suspension. It sounds like it was not suspended for a previous DUI, so was it something like too many tickets. If so,they may boost the DUI fine and maybe add a day or two to your two day DUI sentence (which is usually done on a work furlough program).
Answered on May 09th, 2011 at 12:50 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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They will likely charge you with a VC 14601, driving on a suspended license, along with the VC 23152 DUI charge. VC 14601 convictions can have serious consequences (as well as DUI convictions). You should call or meet with an attorney to discuss your case in more details to get a better assessment. Feel free to contact me through my website for a free consultation. I have handled many DUI and driving on suspended license cases successfully.
Answered on May 09th, 2011 at 12:50 PM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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You will likely pick up a charge for Vehicle Code 12500 or Vehicle Code 14601 as either an infraction or a misdemeanor. Chances are they might not even charge you with that as they usually want to get you for the DUI more than the other charge. Sometimes the DA will negotiate it in exchange for a plea to the DUI. Sometimes they will want you to plead to it.If you have a code they charged you should write back with it, then attorneys can respond more accurately.
Answered on May 09th, 2011 at 12:36 PM