Fredericksburg DUI without a License
In Fredericksburg, a case can be impacted if someone is charged with a DUI while driving without a license. Having multiple charges will add additional layers of complexity to a new or existing case. This is especially true if the person in question was driving under the influence and without a license. If you have been charged with a DUI while driving without a license, it is important to seek the guidance of a Fredericksburg DUI lawyer as soon as possible. A qualified lawyer will be able to tell you what to expect at each step of the way, and can help protect your rights as you navigate the court system.
Severity of the Charges
The reason that a person does not have a license will be an important factor in determining how seriously and severely the case is seen. For example, if a person’s license was suspended as a result of a prior DUI, that can be a very serious situation, and potentially cause an individual to receive a great deal more time incarcerated than they otherwise would. If, on the other hand, someone does not have a license because they are undocumented and cannot get a license, this is approached differently. While these circumstances can certainly complicate matters, they usually are not as serious as when a person has had their license suspended for driving under the influence of some substance.
There are other variations which can affect the severity of the charges for driving without a license. One of them would be that someone never had a license because they did not have the ability to obtain it. Another would be if a person has license which has expired for some administrative reason. In that case, it is not going to cost the person as much additional trouble in the context of a DUI case. This is because it is a question of a traffic infraction, rather than a misdemeanor, and is therefore punished less harshly.
If a person is arrested for a DUI and is driving without a license at the time of the arrest, the two offenses will most likely be divided into two separate charges. It is important to note, however, that while they will likely be charged separately, they are going to be heard at the same time. They are different cases in the sense that there are different elements of proof the government is going to have meet to convict the person with each of them. The court will, if there is a trial, try both of these cases together, because it is the same officer, the same incident, and essentially the same set of facts and circumstances. Therefore, if a person receives both of these charges, the person should anticipate that they will be handled at the same time.
In most cases, if a person’s license is suspended because of a DUI, that person is going to be able to get a restricted operator’s license. This restricted license will allow them to drive to work, drive to school, and a do a number of other things that the court deems necessary or permissible to accomplish typical daily tasks. However, if someone has a second or subsequent DUI, that person will not be able to apply for a restricted license until a certain amount of time has passed. If the case in question is the second offense within ten years, then the defendant must wait four months to apply for a restricted license. Beyond that, if the charge under consideration is the second offense within five years, then the accused must wait to apply for a full year.
How an Attorney Can Help
Being charged with a DUI in Fredericksburg while driving without a license can lead to multiple charges and layers of complications. If you find yourself in this situation, it is best to contact an experienced Fredericksburg DUI attorney who can help guide and defend you through the process. A qualified attorney will be familiar with the intricacies of the law as well as the local government. Using that knowledge, they will be able to better advise you as to the best course of action every step of the way.