| Q. | If I am arrested for DUI, should I hire a lawyer? |
| A. | If you want to contest the charges you should definitely hire a lawyer. If it is your first or second offense and you feel comfortable with the sentence that will be imposed, then you may not need a lawyer. Second time offenders may find a lawyer helpful in obtaining a sentence that includes work release or home arrest. If you are charged with a felony, you should be represented by a lawyer. |
| Q. | If I am stopped for suspicion of DUI, should I perform the field sobriety tests? |
| A. | It is extremely important to understand the difference between field sobriety tests and a test of your breath or blood for alcohol concentration. If you refuse to successfully complete a breath or blood test to determine alcohol concentration, you will lose all driving privileges for twelve months. There is no such penalty for refusing to perform field sobriety tests like the walk and turn, one leg stand, finger to nose, finger count, any verbal tests that requires reciting the alphabet or numbers, or horizontal gaze nystagmus. Horizontal gaze nystagmus is a test in which the person will be asked to follow the top of a pen being moved in front of his/her eyes. You have the right not to perform these field sobriety tests. |
| Q. | If I am stopped for suspicion of DUI, do I have the right to refuse to answer questions without an attorney present? |
| A. | The United States Constitution guarantees the right of every person not to be a witness against him/her self. Usually, if you are a DUI suspect and an officer advises you of your rights pursuant to Miranda, you should invoke those rights and refuse to answer any questions. You also have a right to have counsel present at every critical stage of the proceedings. No matter what time of the day it is, you should request to speak with a lawyer. The officer then has the obligation to give you a chance to speak to an attorney so long as it would not unnecessarily hinder the investigation. Your lawyer can give you advice on other issues including your right to an independent test of your breath or blood to determine alcohol concentration. For future convenience, you might print out a copy of the DRIVER’S RIGHTS CARD we have provided. You can simply hand the police officer this card, which will speak for you to ensure your rights. |
| Q. | What is the penalty for refusing to submit to a breath or blood test once a driver has been arrested? |
| A. | If the driver refuses to successfully complete any one of the tests requested, the officer must inform the driver that a refusal shall result in a license suspension for twelve months. Almost any failure to expressly agree to the test(s) or successfully complete them will be deemed a refusal and result in a twelve month revocation of driving privileges. If a driver refuses to complete the test(s) as requested by the officer then the statute mandates that none shall be given with two exceptions. First, the officer can attempt to obtain a search warrant for a blood sample. Second, if a sample of the driver’s blood or urine is taken for any other reason within two hours of the time of driving (e.g. a doctor may require a blood sample because some medical procedures cannot be safely performed if alcohol or drugs are within the body), the officer is entitled to a portion of that sample. |
| Q. | What is a restricted driver’s license? |
| A. | A restricted drivers license allows a driver to operate a motor vehicle to and from work, school, medical appointments, and counseling sessions. If a driver completes a breath or blood test, which indicates an alcohol concentration of .08 or more and holds a non-commercial drivers license, then driving privileges will be suspended for ninety days. However, so long as the driver did not cause serious physical injury to another person, has not been convicted of a prior drinking and driving charge in the past sixty months, and has not had his/her privilege to drive suspended for a prior drinking and driving charge, he/she is entitled to a reduced punishment of a thirty day suspension and a sixty day restricted license. If the driver holds a commercial driver’s license and is arrested while operating a commercial vehicle he/she is subject to the same punishments if the tests indicate an alcohol concentration of .04 or more. These individuals may also be subject to other non-statutory punishments including loss of employment. |
| Q. | When I was arrested for DUI my breath test indicated a BAC of .08. Will my driver’s license automatically be suspended? |
| A. | In cases like this, if the MVD believes a suspension of your driving privilege is warranted, the suspension will commence fifteen days from the date it is issued. However, if you or your attorney take appropriate action quickly enough, you can, at the very least, postpone the suspension for a while, and possibly even avoid it completely. The suspension will be stayed if you or your attorney requests either summary review or a hearing within fifteen days of the date of issuance. If summary review is requested your attorney will submit a written argument as to why your driving privileges should not be suspended. Your driving privileges remain in effect for at least twenty days from the date of the request. The documents submitted by your attorney will be reviewed by the MVD without a hearing and you will be notified of the decision within twenty days of the request. |
| Q. | If my license is suspended for a period of time, will it automatically be reinstated once that time period is over? |
| A. | Driving privileges are not automatically reinstated following a period of suspension. The driver must complete some paperwork and tender a fee to have his/her privileges reinstated, otherwise his/her privileges to drive are still considered to be suspended. This fact is sometimes overlooked by drivers and may result in stiff penalties should the driver commit another driving offense while his/her license is still considered suspended. |