Getting pulled over by law enforcement can be a nerve-racking experience regardless of whether you have been drinking or not. Looking in your rear-view mirror and seeing those flashing lights can make you so nervous that it may feel like your heart will beat out of your chest. During this critical time, staying calm and remembering your rights are essential.
The police officer walks to your window and asks if you have been drinking. Before you know it, the officer asks if you will consent to a breathalyzer test. You oblige and find out seconds later you have blown a number above 0.08 percent, the legal limit, and are immediately arrested on suspicion of driving under the influence (DUI). If you ever find yourself under these circumstances, it is critically important that you seek legal counsel from an experienced DUI attorney right away.
When the results of a breath alcohol test are over 0.08 percent and an individual is arrested for drunk driving, the state has the authority to suspend the person’s driver's license for up to six months. In this scenario, the driver may be eligible for a Monitoring Device Driving Permit. This will usually require a car breathalyzer called a Breath Ignition Interlock Device. However, if you have another violation within five years, the penalty worsens to a 12-month license suspension with no eligibility for a Monitoring Device Driving Permit. For example, suppose the operator of a motor vehicle refuses to submit a chemical test. In that case, the individual's license will be suspended for 12 months for a first-time refusal and a Monitoring Device Driving Permit after 31 days. For any subsequent refusal, the license will be suspended for three years, and the driver will not be eligible for a Monitoring Device Driving Permit....