Being deemed a habitual offender has serious repercussions. If the DMV sent you a notice that states that your license will be suspended, plus classifies you as a habitual offender, you have two ways to go about handling things. You can either contest the charge or you can abide by the stipulations that your home state has mandated.

The Legal Process

A DUI attorney can help you fight a charge that you believe you have wrongfully received. They can aid with the habitual offender charge by reviewing your driving record and substantiating whether or not the charges against you are valid. The habitual offender law varies by state. The habitual offender charge is one that involves receiving multiple serious charges within a definitive timeframe.

For instance, a driver could be charged with reckless driving and then receive two consecutive DUIs. If all of these charges fall into the timeframe that determines if a person is a habitual offender, clarification concerning the charges will be sought by an attorney.

If an attorney is able to validate that the charges did not fall into the timeframe that determines someone is a habitual offender, the habitual offender charge could ultimately be dropped. This could mean that a driver would not necessarily lose their license for years but instead may face a shorter suspension and a lesser fine. 

Legal Advice

After receiving the notice from the DMV that pertains to your license suspension and the habitual offender charge, read the notice. It will specify the amount of time that you have to appeal the decision. It is in your best interest to contact an attorney who can explain your rights to you. If you would like to pursue an appeal, you will need to retain the attorney you select and have them represent you during a court hearing.

The attorney will research the charges that led up to being charged as a habitual offender. If there is proof that the charges that went toward the habitual offender charge were not valid or that one or more of them did not occur during the timeframe that would substantiate you as a habitual offender, you have a decent chance of having the habitual offender charge dismissed. If you do not wish to appeal the case, an attorney can advise you of your rights, including how long you will need to wait out a suspension, prior to you being able to legally drive again.

Reach out to a DUI attorney to learn more.