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Second DUI Conviction

The license ramifications on a second DUI is dependent on when you got the first DUI. If the second offense is within 7 years of the first offense, then your license will end up being revoked for a period of one year. Revoked is different than suspended. If your license is suspended, at the end of the time period you simply go up to the secretary of state and apply for a new license and they give it to you. When your license is revoked, you’ve lost the right to have a driver’s license and the only way to get it back is to go through an administrative proceeding through the secretary of state’s driver’s license appeals division and convince them that you deserve to have your license back again.

It is not, by any stretch of the imagination, an “automatic” process. It’s very difficult. The only way around a complete revocation is if you are placed in a state’s licensed sobriety program. In this case, the judge in the sobriety court program may issue you a partial restricted license after 60 days. Aside from that, it is a hard revocation with no hardship appeal and no way to get any type of license whatsoever for a minimum of one year.

What Are The Driver’s License Ramifications Associated With A 3rd or a 4th DUI Case?

If your prior revocation was within 7 years of a new conviction, then you are going to get a new revocation of 5 years in length instead of one year. The same rules apply that are outlined above.

If I Am In Sobriety Court Can I Get A Restricted License At All?

That is the only way to get a restricted license if you have been revoked. You must be enrolled in a state certified sobriety court program. Not all of the courts have a sobriety court program. If they don’t have one, and they will not transfer your case to a different court that has a sobriety court program, then you are out of luck and you simply will not be able to get a license. In some cases, we’ve been successful in convincing judges to transfer cases to other courts where there is a licensed sobriety court program, and therefore our client was able to obtain a license. Again, the sobriety court program is the only way to get a restricted license once it has been revoked.

How Is A Revocation Different From A Suspension In Regards To A Driver’s License?

A suspension means you still have a license but it’s suspended for a specific period of time based upon whatever problem you have, for example you may have too many points on your license or you might have a drunk driving and under each of those circumstances there will be a specific period of suspension. After that suspension you will be eligible to go into the secretary of state’s office, pay a $125 reinstatement fee and have them give you back their driver’s license. If you are revoked, your privilege of driving is taken away from you and you are not allowed to take it back ever.

There will be a certain time when you are eligible to petition for reconsideration, at which point the burden of proof is on you to show that you meet the requirements of having a license and that you deserve to have a license back. If your license was revoked because of two or more drunk driving offenses, you are basically going to have to convince the hearing officer from the secretary of state that you no longer drink alcohol or use drugs and that you are likely to remain completely sober for the rest of your life. The process can become difficult and complicated though, because they won’t just take your word for it and rubber stamp your new license. It’s a long and detailed process of having to convince them that what you say is true.

What Department Of The Secretary Of State Handles A License Appeal?

The secretary of state for license appeals related to drunk driving deals with this issue. If a person has had 2 or more drunk driving cases, the driver’s license appeals division, formerly known as the driver’s assessment and appeals division, handles all the alcohol related appeals. The administrative hearing section is a division of the secretary of state and they handle the areas related to points and physical disabilities. Now, what used to be called the driver’s license appeals division or the driver’s assessment and appeals division falls under the same grouping known as the administrative hearings section. Certain departments will handle just the alcohol cases and other departments will handle the more general licensing appeals.

For more information on Driver’s License & 2nd DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.

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