What will happen if my license was suspended at the time of my dui? 39 Answers as of May 27, 2011

My license was suspended and I was pulled over for dui. What will happen? This is my first dui.

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
If your license was suspended for the DUI you may qualify for a special/restrictive license during the suspension. In Washington State this license is called an Ignition Interlock License. Once the suspension period is up you may then pay a reissue fee, get SR 22 insurance (you may need an Ignition Interlock device) and get your license reinstated (get it back!). Don't drive until you take these steps.
Answer Applies to: Washington
Replied: 5/27/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
That depends on why your license was suspended. Usually it is for unpaid traffic tickets and that is a 511-1 charge. You will be allowed to plead to a 511-a1 violation with a $50 fine and a surcharge of around $100. Your DWI will likely result in a plea to a Driving While Impaired 1192-1 violation with a $350 fine and a 90 day suspension of your license. If you had a BAC breath test over .13 you may have to go to trial. If the BAC is much higher than normal you could be convicted of a DWI misdemeanor. Anything over a .17 is considered a high test and may result in a DWI conviction. You should retain an experienced criminal attorney. I have lawyers in every city in New York, feel free to call for a consultation.
Answer Applies to: New York
Replied: 5/23/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It depends on why your license was originally suspended. However, if you are convicted of the DUI your license will be suspended for six months. You may be eligible for a restricted license if you can clear up whatever problems caused the original suspension.
Answer Applies to: California
Replied: 5/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | 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.
Answer Applies to: New York
Replied: 5/13/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
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.
Answer Applies to: Michigan
Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You may qualify for some type of restricted or conditional license pending prosecution of the DUI. You should contact the DMV regarding your license. Regarding the DUI it depends on all the facts and circumstances and the exact charges as to what you may be convicted of or plead guilty to and what the likely sentence would be. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Then you will have to deal with the suspended license charge at the same time you deal with the DUI. Most probably you are just talking about a little more money. You should discuss your facts with an attorney. DUI is serious. You may have defenses that you are available but unknown to you until you speak to a lawyer. Stay well.
    Answer Applies to: Alabama
    Replied: 5/11/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    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.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A lot will depend on the reason for the suspension. You should hire a criminal lawyer to receive the best help in resolving the deep hole you have fallen into.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, if you license is suspended because of a DUII, you may be charged with a misdemeanor driving while suspended charge. This carries a maximum penalty of one year in jail and a $6,250 fine. Also, you need to keep in mind that the more misdemeanor driving convictions you receive, the more likely you are to be suspended as an habitual offender.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    You will also receive an additional charge of Driving Under Suspension or Driving During Revocation.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    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
    Answer Applies to: California
    Replied: 5/11/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    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.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Most likely nothing except the state could add a charge of driving while suspended to your DUII charge. Typically the state or DMV could also add a suspension on for the DUII but at least in my experience the suspension runs concurrent to (along with) your original suspension.
    Answer Applies to: Oregon
    Replied: 5/10/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You will probably be charged with Aggravated DUI, if the offense occurred here in Illinois. The penalty for such an offense is possible prison time. This is a felony offense, much more serious than a misdemeanor, so by all means, contact an attorney to represent you immediately.
    Answer Applies to: Illinois
    Replied: 5/10/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on the reason your license status was suspended. If it was for unpaid citations, you may be able to get the prosecutor to drop the Driving While Suspended on a plea of guilty to DUII. You could also enter a Deferred Prosecution (DP) on both charges. Both would be dismissed after your successful completion of the DP. Depending on the prosecutor's office where you allegedly committed these offenses, you may be looking at enhanced jail time for the fact that your driver's license was in suspended status at the time of the alleged DUII. Other prosecutors may be willing to make a better deal. If you would like, let me know the facts of the charges and the status of your license, I may be able to make a more-specific recommendation. DUII charges are quite complicated and involve a number of scientific issues. I do not recommend you go it alone. I would be happy to discuss this matter in greater detail if you would give me a call.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You will be charged with an additional offense which is driving after revocation. A first offense is a misdemeanor, punishable by up to 90 days in jail and a $1000 fine.
    Answer Applies to: Minnesota
    Replied: 5/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 5/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    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.
    Answer Applies to: Hawaii
    Replied: 5/10/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You may have an additional charge filed for driving with a suspended license. This could extend the jail time and fines, or the court could allow them to be served concurrently with the sentence impose on the DUI.
    Answer Applies to: Kansas
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    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.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    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.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You will likely have been charged with DUI as well as driving with license suspended. Depending on where you have to appear in Court some courts are pretty tough on persons who are arrested for DUI when they are driving on a suspended license.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    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.
    Answer Applies to: Louisiana
    Replied: 5/10/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Other than you facing jail time, no one knows what will happen. What will happen is a function of the judge, the prosecutor and the experienced defense attorney you hire. See my website under FAQ: why is the plea offer so high.
    Answer Applies to: Georgia
    Replied: 5/10/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    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.
    Answer Applies to: New Hampshire
    Replied: 5/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You will likely be charged with two crimes instead of one. Contact me for a free consultation.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    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.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    It depends on what your license was suspended for. If you are convicted with operating while intoxicated (OWI) within 7 years of your first OWI in Michigan, the Secretary of State will take action and suspend your license for 1 year. If this is your 3rd OWI, the SOS will suspend your license for 5 years.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You will probably be charged with a second count of driving while license suspended. This is a misdemeanor.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    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.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 5/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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).
    Answer Applies to: California
    Replied: 5/9/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    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.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    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.
    Answer Applies to: California
    Replied: 5/9/2011
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