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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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I had my license revoked in august of 2007 due to a dui and

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I had my license revoked in august of 2007 due to a dui and accident that caused a fatality. I've waited almost 6 years to apply for a license. this is my only dui and i do have a few minor violations from years back. What are my chances that i will be approved by the diu to get a license?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

Customer:

ok

BizAttorney :

First let me tell you the "normal" penalties for DUI's. The penalty system is designed to motivate drivers who are convicted of one DWI to never drive drunk again for fear of losing their freedom. First Offense: Misdemeanor. $500 to $1,000 fine, up to one year in jail, and a minimum 6-month license revocation. This is probably what you experienced in the past. Second Offense (within 10 years): Felony. $1,000 to $5,000 fine, up to four years in jail, and minimum one-year license revocation. Third Offense (within 10 years): Felony. $2,000 to $10,000 fine, up to seven years in jail, and minimum one-year license revocation. The fines shown do not include the mandatory conviction surcharges and crime victims assistance fee you will also pay, which can add up to hundreds of dollars more. The penalties for a second and third DWI are even more serious if the convictions happen within five years of the first one―and this is assuming there was no crash, no injuries, and no fatalities. On top of the court-imposed penalties, the DMV levies its own fines as part of the driver responsibility program. A DWI conviction will prompt the DMV to bill you an annual assessment of $250 a year for three years to keep your driving privileges.

Customer:

thx

Customer:

i know ive been through all the fines and payed them

BizAttorney :

With that said, because there was a death involved in your accident, there will be more scrutiny to abide by the law and enforce as much penalty as possible. If you have not had another dui and only minor violations from a long time ago, you have a really strong chance at getting your license reinstated.

Customer:

this was 6 years ago and i'm still paying a driver resp fee

BizAttorney :

You may have to fill out a few extra forms and attest to your changed habits.

BizAttorney :

However, you should be able to get your license back.

Customer:

i was told i have to fill a paper out send it to albany to something called the diu

Customer:

and they make the call on if i get my license back

BizAttorney :

Yes, that is exactly correct.

BizAttorney :

Have you already gone to the DMV to get the paperwork?

Customer:

can they deny me

Customer:

for life

BizAttorney :

No, I've never seen them denying anyone for a one-time offense. I believe that is extreme and would not be substantiated through the law.

Customer:

or is it as you said most likely i'll get it back

BizAttorney :

You will likely get it back, but try and show your remorse in any statement that you make.

Customer:

even though there was a fatality though

BizAttorney :

Many people get DUI's, it is just your damages were compounded because the damage was so great.

Customer:

ok thank you

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