Being arrested on suspicion of drunk driving is a serious matter. Criminal charges for Driving While Intoxicated (DWI) can result in a number of penalties, but even if you are not charged with or convicted of DWI, you could face the suspension of your driver’s license. By understanding when a license suspension will apply, when you can request an administrative hearing, and how you can regain your driving privileges, you can determine your best options in these situations.
Administrative License Revocation (ALR)
When a police officer has probable cause to believe that a person was driving while under the influence of alcohol, drugs, or any other substances that impaired their ability to operate a motor vehicle safely, they may perform an arrest. After taking the person to a police station, the officer will request a sample of their breath or blood, which will be used to determine whether they were legally intoxicated while they were driving. When requesting a breath or blood sample, the officer will provide a warning detailing the consequences the person will face if they refuse to give a sample or if they are over the legal blood alcohol limit.
Drivers over the age of 21 may “fail” a test if an analysis of their blood or breath shows that they have a blood alcohol concentration (BAC) of at least .08 percent or that they have any detectable amount of an illegal controlled substance in their system. Drivers under the age of 21 may fail a test if they have any alcohol in their system. For drivers over the age of 21, the failure of a breath or blood test will result in a 90-day suspension of their driver’s license. For drivers under the age of 21, the failure of a blood or breath test will result in a 60-day license suspension. Any driver who refuses to submit to a test will face a 180-day license suspension.
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