subject: Obstacles In A Dwi Plea Agreement [print this page] Being a DUI legal professional, I have observed many times the problems of men and women who have come to me from other general practice law firms seeking to learn why their license suspension is legally greater than they decided in court.
A person agreeing to a plea deal with a particular term of license suspension ought to be on the lookout for three key potential pitfalls:
Did the dui case include an allegation that you did not submit or "refuse" to submit to a chemical test for the presence of alcohol?
If your case includes this issue of "refusal," your dui lawyer should precisely deal with within a plea arrangement or prior to an argument to a judge that a individual driver's license suspension for a "refusal" will "cease" at the time of the sentencing hearing. Without this written deal included within a written plea agreement between your dui lawyer and prosecutor or within a written court order, a separate drivers's license suspension might be imposed consecutive to the specified term announced by the court.
At the time of the sentencing hearing for a driving under the influence conviction does your driving record have either 2 major moving violations or 8 or more minor moving infractions?
Despite a plea deal to a driver's license suspension for dui conviction, one's license can further be suspended by the Bureau of motor vehicles if a person has gathered several major moving infractions (Drunk driving, Reckless Driving, Driving While Suspended for a criminal conviction )within a ten year period.
If an individual has acquired 8-9 minor moving infractions in combination with a significant moving violation within a ten year period, the Bureau of Motor Vehicles can suspend a person's license for an additional 5 years. These sequential license suspensions are called "Habitual Traffic Violator" suspensions and are not always addressed within dui courts.
As a consequence, it is really critical that one facing a dui prosecution work with their dui lawyer to realize their driving record and habitual license eligibility before entering into a plea arrangement to a dui offense.
