Attorney at Law
No one intends to get a DUI. When it happens, the individual is given a ton of paperwork that is confusing, overwhelming, and that gives him or her a limited time to take action.
The Motor Vehicle Administration will suspend the driver's license for a refusal to take a breathalyzer test 270 days for a first offense and two years for a second offense. The MVA will suspend the motorist's license for 180 days if they blow .08 or above. The suspension begins the 46th day after the offense if no action is taken by the motorist.
There are actions that can be taken. The driver can file for a hearing before the Office of Administrative Hearings within 30 days. This will stay the suspension if the request is filed within 10 days although in practice the MVA will usually stay the suspension even if filed between 11 and 30 days. At the hearing, the judge is limited is what he or she can do. If you refused the test or blew .15 or above and the judge finds that action must be taken against your license, you are limited to the ignition interlock for one year or serving the suspension. Your hope is that your lawyer can find a technical defense to get a "no action" if the police officer did not comply with the law.
If you blew between .08 and .14, then the judge can modify the suspension to allow you to drive to and from work, for work, to medical appointments, and for other specific reasons. In such cases, you should file for a hearing to avoid the interlock.
In any case, a judge can modify the interlock, if ordered, to allow you to drive a company vehicle without the interlock. You will need to prove your need to drive a company car.
Another option is to requesting the interlock for one year in lieu of going to a hearing. In summation, the deadline to file for an administrative is short. If you have been charged with a DUI, you should contact an attorney immediately.
Attorney at Law
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