Edmonds License Suspension Lawyer
In the United States, many people associate their driving privileges with their individual freedom. If your driver's license has been suspended, you may feel frustrated and overwhelmed. That's why you need a top-notch criminal defense attorney from Johanson Law Group, Inc. fighting for your legal rights in court. Whether you lost your driving privileges because of an arrest, conviction, or alleged physical condition, an Edmonds DUI lawyer from our firm is ready and willing to give you the legal assistance you need.
DUI Arrest and Conviction Suspensions
Your driver's license can be suspended for many reasons. In Washington, if you are convicted in court of driving under the influence of drugs or alcohol, your license may be suspended. There are two separate situations that allow the Department of Motor Vehicles (DMV) to suspend your license for DUI: A DUI arrest and a DUI conviction. First, if you are arrested for DUI, your license will be suspended unless you request a hearing to contest the suspension. This must take place within 20 days of your arrest and you will only be granted driving privileges again if the hearing examiner decides to end your suspension.
If you are arrested for DUI and you fail to request a DMV hearing or the hearing examiner decides to continue the suspension, you may lose your driving privileges for up to two years. If your DMV hearing examiner decides in your favor but the court convicts you of DUI, your license will be suspended because of the conviction. In other words, the Washington DMV may suspend your license when you are convicted of driving under the influence of alcohol or drugs, regardless of the outcome of your DMV hearing.
Ignition Interlock Devise
If you are convicted of a DUI, your license will be suspended, but under certain circumstances you may be granted restricted driving privileges while your license is suspended. For instance, you may be allowed to drive a vehicle with an ignition interlock device. This device allows you to driver only after your provides a mechanism that determines if your blood alcohol concentration (BAC) is more than a specific, predetermined amount – usually between .02% and .04%. Once the device knows that your BAC is less than this percentage, you will be allowed to drive the car. You may only operate a vehicle with an ignition interlock device when you have been granted an ignition interlock device license. It is essential that you get the legal help from an Edmonds DUI attorney in creating a solid defense on your behalf.
Other Types of Driver's License Suspensions
DUI arrests and convictions are not the only reason your driver's license can be suspended. For instance, if you cancel your insurance policy, the DMV may suspend your license. Your insurance provider will notify the DMV that you are no longer driving with insurance, and will suspend your license as a result. If this happens, you will receive a letter from the DMV informing you that your license has been suspended. Even though you have not been convicted of a traffic violation, you are not allowed to drive your vehicle if the DMV suspends your license because of cancelled insurance. You may regain your driving privileges after you comply with insurance requirements.
In Washington, your driver's license may be suspended if you fail to pay child support a well. If the Washington State Department of Social and Health Services notify the DMV that you have refused to pay child support, the DMV will suspend your license and you will not be allowed to operate a motor vehicle until your license is reinstated. Under these circumstances, you will not be granted a restricted license. You may only regain your driving privileges after you are compliance with your child support order. Once you pay the child support that you owe, the DMV will mail you a letter telling you that your license has been reinstated.
Suspensions Involving Physical/Visual Abilities
Not all drivers' license suspensions involve criminal offenses or incompliance with Washington law. Your driver's license may be suspended if the DMV decides that you are not physically able to drive. If you have a physical condition that may affect your driving, the DMV may require a physical certificate in order the grant you driving privileges. Similarly, if the DMV requests that you turn in a vision certificate and you fail to do so, your license may be suspended until you comply.
If you believe that your physical condition or vision does not affect your ability to drive safely, you may appeal your suspension. However, you must appeal no more than 15 days after the DMV notifies you that your license has been suspended. If you appeal, a hearing officer will take into consideration whether the DMV has any real reason to suspend your license. You may also present an argument that your physical condition does not affect your driving, that your condition has improved, or that you can operate a vehicle adequately despite your condition.
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