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When a driver is pulled over by law enforcement for drunk driving and refuses to take a sobriety test required by the law enforcement agency, an administrative license suspension may take place. Refusing to take the sobriety test can subject you to an on the spot license suspension. This law is in effect in 41 states.
If a driver is pulled over for drunk driving and refuses to take a breathalyzer or sobriety test, the law enforcement officer can suspend the driver's license on the spot for up to one year. Administrative or "on the spot" license suspension is legal in 41 states. The law requires that all persons pulled over for drunk driving submit to a sobriety or breathalyzer test. If they refuse, it is grounds for administrative license suspension, whether the driver was guilty or not. In addition to the administrative on the spot license suspension, the driver will also be charged with an automatic DUI, which will stay on his or her driving record for years to come.
Under administrative license suspension law, however, the driver will be able to schedule a hearing with their court within 5-10 days of the arrest. Since the driver refused to take a breathalyzer test, the court will not take into account whether the driver was in fact drunk while driving. Instead, they will examine and consider circumstances such as:
If you are arrested for drunk driving and refuse to be tested, you have a limited number of days to take action. If you do not request a hearing in time, you may lose the right to fight your administrative license suspension and resulting DUI. A traffic law attorney can help you, as they are well experienced in administrative license suspension cases. A knowledgeable traffic lawyer can help you get your license back, as well as avoid a DUI, increases insurance rates, and other negative consequences.
Under an administrative license suspension, most states will require you to schedule an administrative hearing shortly after the arrest - usually within 5-10 days. The circumstances surrounding your arrest are examined during the hearing and it does not deal with whether you are guilty or not. Issues of examination are:
If you refuse a breathalyzer test, your license can be suspended on the spot for up to one year. You will have a DUI on your driving record whether or not you take the test, even if law enforcement believes you are over the legal limit. These records will stay with you even you are found "not guilty", unless you act within 10 days of the arrest.
Within 10 days of your arrest, you can lose your changes to fight the suspension and you will have a DUI record. Unless you have an administrative license suspension lawyer, your chances of getting your license back and winning an administrative hearing will be reduced. You should consult a knowledgeable traffic lawyer to help you get your license back.
If you have recently lost your driving privileges because of an administrative license suspension, you have the option to speak to an experienced traffic lawyer who can assist you in getting your license, lowering insurance rates and advise you on ways to avoid future license suspensions.
If you have any questions about the information provided above, please contact us today. Call us toll free at (800) 215-1190 or fill out our online form for your free Traffic lawyer referral.