On Spot License Suspension
Definition:
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.
Consequences of License Suspension:
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:
- Did your arrest have reasonable grounds?
- If the law enforcement agent requested you to take a sobriety test and you refused, were you aware of the consequences of refusing to take the test?
- Should your license be suspended?
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.
What a Lawyer can do for you:
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.Lawyer Referral Service:
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.
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provided above, please
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