If you have an otherwise good driving record, and have no prior DUIs, you may be eligible for a restricted permit after 90 days. A restricted permit usually allows a person to drive to and from work, to and from school, and to and from doctor’s appointments. This will certainly minimize the damage of refusing to give a blood or breath sample.
The officer said I refused to give a sample, but I did not refuse! Can I challenge the refusal to try to avoid the 1 year license revocation?
-Yes. You can request an MVD hearing within 15 days of the refusal. Hearings must be requested in writing to the Motor Vehicle Division Executive Hearing Office. It is wise to hire an attorney for this, even if you don’t want to hire an attorney for the criminal portion of the case. Requesting an MVD hearing and participating in the hearing itself can be a complicated process, and the attorney can go on your behalf without you participating if you are not needed to testify. However, if you are challenging whether or not you refused, your testimony will likely be necessary as a form of evidence do demonstrate to the Administrative Law Judge that you did not refuse.
I consented to the blood or breath test. My license won’t be suspended, right?
- Wrong- your license will likely still be suspended, however, you will only be facing a 90 day license suspension if this is your first offense. Even if you allowed the officer to take a sample of your blood or breath, you will face a 90 day license suspension if your blood alcohol concentration comes back above a .08%. If this is your second offense, you will likely be facing a one year license revocation.
The officer said I refused to give a sample, but I did not refuse! Can I challenge the refusal to try to avoid the 1 year license revocation?
-Yes. You can request an MVD hearing within 15 days of the refusal. Hearings must be requested in writing to the Motor Vehicle Division Executive Hearing Office. It is wise to hire an attorney for this, even if you don’t want to hire an attorney for the criminal portion of the case. Requesting an MVD hearing and participating in the hearing itself can be a complicated process, and the attorney can go on your behalf without you participating if you are not needed to testify. However, if you are challenging whether or not you refused, your testimony will likely be necessary as a form of evidence do demonstrate to the Administrative Law Judge that you did not refuse.
4. I consented to the blood or breath test. My license won’t be suspended, right?
- Wrong- your license will likely still be suspended, however, you will only be facing a 90 day license suspension if this is your first offense. Even if you allowed the officer to take a sample of your blood or breath, you will face a 90 day license suspension if your blood alcohol concentration comes back above a .08%. If this is your second offense, you will likely be facing a one year license revocation.
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