After Having a DUI before and now having full provisional license and recieve another can u still get your license back after getting an attorney?

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After Having a DUI before and now having full provisional license and recieve another can u still get your license back after getting an attorney?

Asked on April 21, 2009 under Criminal Law, North Carolina

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not NC, but I deal with DUI matters and licensing issues.  Many states DUI very seriously as a result of the wrongful deaths that occur every year from DUI.  Therefore, getting a 2nd DUI makes it more difficult.  There are many questions I would have to ask to give you a definitive answer to your questions.  For instance, when did the 2nd DUI happend in conjunction with the first (i.e. within a year or less)?   Getting a lawyer involved is definately a step in the right direction as you may face jail time depending on the state statute.  The state statute however, may be mandatory - i.e. the lawyer may not be able to do anything becasue the statute says that you automatically lose your license for a year or more just by having received a 2nd DUI.  However, there may be soem defenses that your lawyer can work with and the date of the first DUI is importatnt to know for purposes of the lawyer working out a deal witht he state.  If the first DUI happend within 3 weeks of the 2nd DUI, maybe the state will work a deal to avoid a further loss of license.  I would check with your lawyer, however, no lawyer will guarantee results - but having one will CERTAINLY help you.  Good luck!


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