NEW BLOWS TO DUI DRIVING PRIVILEGES
- August 26th, 2013
- Comments Off on NEW BLOWS TO DUI DRIVING PRIVILEGES
If you’re pulled over for DUI, should you blow in the Intoxilyzer or refuse to take the test?
It’s a difficult decision and recent statutory changes may influence your decision.
A person arrested for DUI is subject to a suspension of their Drivers License by the DMV.
A person blowing in the Intoxilyzer gets a suspension of 6 months, whereas, a driver who refuses to blow gets a 12-month suspension.
On a first arrest, a person blowing in the Intoxilyzer may be subject to a “hard time” suspension of 30 days; by refusing, the “hard time” suspension is increased to 90 days.
It’s called “hard time” because the driver has no right to a work permit or any other license to drive. These penalties increase for subsequent DUI arrests.
You do have the right to a DMV administrative hearing to attempt to invalidate the suspension and thanks to new legislation , first time offenders have the option of waiving the hearing and getting a hardship license immediately.
However, the hearing request or waiver must be filed within 10 days of your arrest.
The Criminal Case
In order to prove DUI, the State must show the driver was either under the influence of alcohol to the extent that their normal faculties were impaired, or the driver had a breath-alcohol level of .08 or more.
If you blow in the Intoxilyzer and the result is over .08, the presumption is that you are impaired and you will be subject to being convicted of driving with an unlawful breath alcohol level.
Additionally, if you blow over .15, you will suffer enhanced penalties like an increased fine and an ignition interlock on your car.
If you refuse to blow, the prosecutor is left with arresting the officer’s observations and other evidence (i.e. videotape) to attempt to prove your normal faculties were impaired. However, the State will be allowed to argue that your refusal is evidence of impairment and you may also be charged with an additional misdemeanor for refusing to blow.
A person charged with DUI can get help from good counsel.
A good DUI lawyer can help people that decide to blow and those who refuse.
DMV suspensions can be postponed and can be invalidated. Likewise, some criminal cases are dismissed or reduced on well-founded defense motions.
If you’ve been arrested for a DUI and need an attorney who can protect your rights, contact the Denson Firm today.