How Do I Get A Temporary License After A DWI?
DWI literally means driving while intoxicated. It is a crime that is committed when one drives a car while drunk or impaired by any other mind-altering substance. It is a very serious offense in the state of Louisiana. And as a result, it comes with very severe consequences. Every person who gets convicted with DUI whether in Louisiana or Any other state in the US, usually have their license seized. This means that a ban has been placed on their driving, and it would be illegal for them to drive for a certain period of time. However, the government is also considerate of the fact that people will have to commute themselves to school, work or their various places of business. Thus, despite the suspension of the license, there is a need for permission to drive to these areas of necessity; therefore, the availability of a restricted or temporary driver’s license is important.
How Do You Get A Temporary Driver’s License?
The possibility of getting a temporary driver’s license is one thing, and then getting it is another. What really is the aim of suspending a person’s license, just to give him another? For this reason, getting a temporary license for a DWI is not as easy as simply getting it.
The suspension of the driver’s license of a person is done as a sanction for his/ her poor driving choices- drinking while intoxicated, which poses a danger to both himself and other road users. Therefore, getting another license after his experience, though it would be restricted and temporary, is a very challenging task, that will require the professional services of DWI attorneys like Carl Barkemeyer.
States differ in their operation of temporary driver’s license to DWI offenders and convicts. In some States in the US, the DWI offender does not have to be convicted before his license would be suspended. All that is necessary is for him to be charged with the offense. Once there is a charged with DUI on him, that would mean a withdrawal of driving privileges. When this is done even before the conviction, a temporary license is granted to the accused offender, which is valid for between 30 to 60 days. This temporary license is usually given by the officer who executes the arrest of the offender, in the form of the citation issued. It is this same officer that confiscates the offender’s license.
After the offender’s license has been confiscated and a citation is given, he can within 30 days of his arrest, arrange a meeting with the Department of Motor Vehicles. This meeting, otherwise an administrative hearing, will determine to a large extent whether or not the offender will receive a restricted license. As stated earlier, getting a temporary/ restricted license is not as easy as just getting it. The Department of Motor Vehicles in the administrative hearing will have to determine whether or not the offender is worthy of a restricted license while his hearing is going on in court. The decision of the Department of Motor Vehicles is based primarily on the preponderance of evidence before them. If after their hearing you’re positively considered, then a restricted license will be granted.
Do You Need an Attorney During A DMV Hearing?
If you are charged with DWI and you’re undergoing an administrative hearing with the DMV, not having a lawyer will lower your chances of getting your restricted license granted you. This is because of the legal technicalities and preponderance of the evidence the DMV will want to go through to ascertain that though you are charged with DUI, you still stand a chance to drive temporarily and on a restricted basis. The DWI attorney will have to ask you some questions in order to understand what transpired. It will also be necessary for your attorney to ask the police some questions as well as get the police report and discuss the details with you. So, yes, you need an experienced DWI attorney to represent you at the DMV administrative hearing. Having a DWI attorney like Carl Barkemeyer, located in Baton Rouge is an integral part of defending yourself at a DMV Hearing. They have several attorneys with years of experience in DWI and acquisition of temporary driver’s license. They will guide and counsel you through the process of acquiring your temporary license.
Take note that a DMV administrative hearing is not a court trial. This hearing is only carried out by the Department of Motor Vehicles to ascertain whether or not to grant a DWI offender temporary license. If by the evidence before them, they decided to refuse to grant you a temporary license, that does not make you automatically guilty of DUI, especially if you have not been tried in court.
Court trial for DWI convicts is one that can in no way be described as lenient. Nobody wants a person who is a threat to traffic drive again on the road. Therefore, you need rugged and experienced attorneys on your defense team. Take you to search for your DUI attorney no further than Baton Rouge. There you will find the law firm of Carl Barkemeyer, with a track record of successfully handling DUI cases that involved car accidents and even deaths.
For offenders who were unsuccessful at securing their temporary driver’s license, they still have an opportunity to do so after their conviction. Although the conditions differ from state to state. Some States will require the installation of an Ignition interlock device which monitors the blood levels of the driver before he starts the car.
Every person convicted of DUI loses their driving privileges and license but can be allowed to drive on a restricted basis to work or school.
You can apply for your restricted license through the Department of Motor Vehicles in your state, as long as you get experienced attorneys to represent you through the process. Ensure your compliance with court orders relating to your restricted license. If there are any probation requirements such as alcohol treatment programs, go through the process.