All charges dismissed through negotiations with Assistant United States Attorney.
DC DUI Without a License Lawyer
If a person is charged with Driving Under the Influence (DUI) at a time when they did not have a valid driver’s license, they could be charged with a separate offense called “No Permit.” If they are charged with a DUI and at that time are alleged to have been driving with a suspended or revoked license, they can also be charged with “Operating After Revoked” or “Operating After Suspended.” When facing these charges, you should contact with a DC DUI without a license lawyer.
A separate charge for Driving Under the Influence (DUI) while driving on a suspended license does not exist, but a person can be charged with a separate offense of “Operating After Revoked,” “No Permit,” or “Operating After Suspended” along with the DUI case. This can lead to higher penalties and used as an aggravating factor for sentencing. As a result, it is important for you to consult with a DC DUI lawyer to help prepare a mitigation plan.
Impact of Driving without a License
If a person is accused of a DUI while their license was suspended or while they did not have a driver’s license, prosecutors and judges see that as an aggravating factor for potentially harsher penalties for the person’s Driving Under the Influence case. The theory behind this is not only was the person under the influence of some substance while they were driving, but the person was not legally able to drive a car even if they were sober.
The maximum penalty for a Driving Under the Influence (DUI) case remains the same even when a person drives without a valid permit. The penalties a prosecutor could seek could potentially be harsher if the person did not have a license at the time they were driving, making it important that those accused contact a DUI without a license attorney in DC.
Types of DUI Charges
A person accused of driving under the influence on a suspended license will not face a different DUI charge. A person accused of driving under the influence on a suspended license will face two separate and distinct charges of driving under the influence and driving on a suspended license. Each of these charges carries separate penalties and must be argued independent of the other by the prosecutor.
Even though the maximum penalties for Driving Under the Influence does not increased, when someone is accused of also having a suspended license, it could make their situation more severe and the penalty harsher than if they were driving on a valid license.
When the Charges are Heard
When a person is charged with Driving Under the Influence and driving on a suspended license at the same time, these cases are heard together. The two charges of Driving Under the Influence and Driving on a Suspended License or No Permit are charged as separate counts in the same case. The case will have the same prosecutor, the same DC DUI without a license lawyer, and is heard by same judge. However, these charges are considered two separate counts that must be independently proven beyond a reasonable doubt by the prosecutors.
License Suspension Because of a DUI
If a person is accused of a DUI and previously had their license suspended as a result of a previous DUI, the person could face dual charges of driving on a suspended license and a separate charge of second offense DUI.
The penalties a person would face if they had a prior DUI charge and are now facing a second offense DUI charge increases the license suspension from 180 days for first offense up to one year for the second offense. The minimum penalty the person would face for second offense DUI increases from zero days in jail for a first time offense up to a minimum of ten days in jail for a second offense.
When a person is convicted for second offense DUI, the judge has no choice but to give the person a mandatory minimum of 10 days in jail. The sentence cannot be divided up by weekends and cannot be served on house arrest. The judge is required under the law to make that person serve at least ten days in jail.
These penalties could be higher if the person was facing a DUI as a second time offender and was driving on a suspended license as a result of the first DUI. This could prompt a prosecutor to seek higher penalties beyond the mandatory minimum and may view that person in a much more serious light than if they had their license suspended for some other offense besides an initial DUI. In these kinds of cases it is imperative the defendant consult with a DUI without a license attorney in DC immediately.