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Driving Under The Influence (D.U.I.)

Many people ask me about what to do if you get pulled over while drinking and driving. The main question people ask is “should i blow in the breathalyzer.”  The first thing people should know is how a D.U.I. works. There are two parts to a D.U.I. the criminal prosecution and the D.P.S. hearing. The D.P.S. hearing determines if you get to keep your drivers licenses or not. The D.P.S. hearing has little if anything to do with the criminal proceedings that take place in court.  If anyone refuses to take the breathalyzer test the police ask you to take, D.P.S. will automatically suspend your license or depending on your situation revoke your license.

Everyone with a drivers license has the right to an administrative hearing determining if you should lose your license but you must make the request for the hearing within 15 days of the arrest. However, assuming you were drunk as a skunk and it was inevitable you were going to jail that night and you took the test, there are ways to keep your license. The first way is to have the administrative hearing and win it. However, the way the hearing is set up… the licensee (YOU) are bound to loose. (It possible to win the hearing, just not probable). The Second way is convince D.P.S. you should have a modified license (basically a breathalyzer in your car). Keep in mind if you refuse to take the breathalyzer test the police ask you to take, you can still be eligible to get a modified license but you will have to keep it in your car for a minimum of 18months before your license will be fully reinstated.

Honestly when it comes down to the question of “if you should take the breathalyzer test” the answer is up to you. There are so many different outcomes that a D.U.I. case can yield it could take forever to go over every situation. Each case will have its own facts that will determine the outcome. The main thing that everyone should take from reading this is that nothing specific can save you from jail/getting charged with a D.U.I. but if you want to have a chance at keeping your license you only have 15days to ask for your hearing.

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