When your driver’s license is suspended after receiving a DUI conviction, the rules are clear. You must stay off the roads until it has been reinstated. Of course, in real life, it isn’t always easy to avoid getting behind the wheel.
Your child needs to be picked up from school. Your spouse needs a ride to work. Your grandma needs a lift to the doctor. You may begin to feel like you have no choice but to risk driving with a suspended license.
If your local sheriff’s department finds you driving while your license is suspended, you are likely to get in quite a bit of trouble. This is true even if your intentions were good.
If you wish to minimize your punishments, don’t hesitate to contact the experienced DUI attorneys at Suhre & Associates. We can use our knowledge of the law to help you achieve the best possible outcome. All you need to do is give our Louisville, KY law office a call and set up a consultation.
How a DUI Lawyer Can Help After You’re Pulled Over for Driving on a Suspended License
When you hire one of our skilled criminal defense attorneys to defend you, we will review every detail of your case. We can then recommend the best strategy to maximize your chances of a successful outcome. In most cases, our defense will involve one or more of the following plans.
Showing Legal Issues with the Traffic Stop
When pulling you over and charging you with driving while your license is suspended or revoked, law enforcement officials have to follow the law. Your Suhre & Associates DUI defense lawyer will review every aspect of your traffic stop to make sure that proper procedure was followed and your rights were not violated in any way.
If we find that there are legal issues with the stop, we will bring it to the attention of the prosecuting attorney and the judge. We will argue that it invalidates the entire case against you. If the procedural violation is bad enough, the charge against you may be dropped in a matter of minutes.
Showing That You Were Not Driving on a Public Highway
Kentucky state law stipulates that law enforcement officials have the right to pull you over for any motor vehicle code violation you commit on a public highway. However, their ability to take action against you is limited if you are driving on private roads, trails, and driveways.
If our review of your case shows that you were driving with a suspended license on your own or your family’s property, we will argue that the stop was invalid and the charge against you should be dropped immediately.
Having Your Charges Reduced
In some cases, it quickly becomes apparent that there is little possibility of having the charge dismissed. That doesn’t mean that there is nothing we can do to help. By using our experience and positive relationships with the prosecution, we may be able to have your charge reduced to one that carries much less severe penalties.
If you would like to enlist the help of our skilled license suspension attorneys, please do not hesitate to reach out to us. The sooner you give us a call to set up an initial consultation, the quicker we can get to work on your case.
Penalties for Driving on a Suspended License in Kentucky
If you choose not to hire an experienced attorney to assist you with your legal defenses, your chances of receiving a hefty punishment increase. In the state of Kentucky, penalties for individuals who drive on suspended licenses depend on the frequency of the offense.
First-Time Driving on a DUI Suspended License Offense
Section 189A.090(2)(a) of the Kentucky Revised Statutes explains that the first time you are found to be driving on a suspended license following a DUI conviction, you can face up to 90 days in jail and/or a fine of up to $250. A license suspension extension of six months will also be applied.
If you are found to be over the legal alcohol limit when you are pulled over for driving with a DUI suspended license for the first time, your punishment will increase accordingly. The law allows for up to 12 months in jail, up to $500 in fines, and a one-year license suspension extension.
Second-Time Driving on a DUI Suspended License Offense
Section 189A.090(2)(b) of the Kentucky Revised Statutes states that you may be punished by up to 12 months in jail and fined up to $500 the second time you are caught driving with a DUI suspended license. The suspension of your license will also be extended by a period of one year.
If you drive under the influence of alcohol or another controlled substance while DUI suspended for a second time, you may be subject to up to five years in jail and/or a fine of up to $10,000. You may be convicted of a class D felony and your license suspension may be extended by an additional two years.
Third-Time Driving on a DUI Suspended License Offense
Section 189A.090(2)(c) of the Kentucky Revised Statutes says that being caught driving with a DUI suspended license for a third (or more) time is a class D felony. It is punishable by up to five years in jail and/or a fine as high as $10,000. Committing this offense will also see your license suspension extended for another two years.
If you are found to be under the influence when you are pulled over for driving on a DUI suspended license, you may also be punished by up to five years in jail and/or a fine of as much as $10,000. However, your drunken state will mean that your suspension will be extended by another five years.
The experienced DUI defense attorneys at Suhre & Associates are always available to help you minimize or avoid punishment for your driving on a suspended license charge. To take the first steps toward building a strong attorney-client relationship with our team, all you need to do is give us a call or shoot us a message through our online form.
How to Get Your Kentucky Driver’s License Reinstated
It goes without saying that the best way to avoid being charged with driving on a suspended license is to get your license reinstated as quickly as you can. The process that you will need to follow to accomplish this feat will depend on the number of DUI arrests you have to your name.
1st DUI Conviction
To regain your driving privileges after your 1st DUI conviction, the state of Kentucky requires you to do the following:
- Pay your fine
- Serve your jail sentence
- Complete up to 20 hours of an alcohol or substance abuse program
- Wait out your suspension period, and
- Install an ignition interlock device in your vehicle for six months.
You will also need to pay a $40 reinstatement fee to the state before you can receive a new license.
2nd DUI Conviction
After your 2nd DUI conviction, your license reinstatement requirements will increase. To regain your driving privileges, the state will expect you to:
- Pay your fine
- Serve your jail sentence
- Complete as many as 26 weeks in an alcohol or substance abuse program
- Wait out your suspension period, and
- Then have an ignition interlock device fitted to your car for a period of one year.
As with your 1st conviction, you will be required to pay a $40 reinstatement fee before you receive a new license from the state.
3rd DUI Conviction
A 3rd DUI conviction increases your reinstatement requirements once again. By this point, the state will require you to pay your fine, serve your time in jail, attend up to 26 weeks of alcohol/substance abuse training, wait out your suspension period, and install an ignition interlock device on your car for up to 30 months before you can get your license back. You will, of course, also need to pay the reinstatement fee.
To minimize the time you need to spend riding around town on public transportation and maximize your chances of having your Kentucky driver’s license returned to you without delay, you should work with one of our experienced DUI lawyers throughout the reinstatement process. We can help to make sure everything runs as smoothly as possible.
Louisville’s First Choice in DUI Defense
The knowledgeable attorneys at Suhre & Associates are proud to provide legal assistance to all of our friends and neighbors here in Louisville, Kentucky. Whether you need help defending yourself against a driving with a suspended license charge or need some assistance getting your license reinstated, we are never more than a phone call away. Give us a call today to find out more about how we can help you.