QUESTION
Will my license be suspended if I received a DUI?
Asked on Oct 13th, 2011 on Criminal Law - Connecticut
More details to this question:
I was pulled over for driving 15 mph in a 25 mph zone and the officer assumed it was because I have been drinking. I was asked to take the sobriety test and refused because I had ZERO alcohol. I was arrested and charged with a DUI and once I was at the police station and took the breathalyzer test, it read 0.0%. I was charged with reckless driving and DUI. Will my license get suspended? I work with kids with autism and a suspended license is an automatic termination. I wasn't drinking, the breath test said 0.0%, what will happen in court?
30 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 03rd, 2013 at 12:57 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 12:54 AM
Jacob P. Sartz
Generally speaking, there is no general automatic suspension for simply being charged with an OUI unless a person refuses the breathalyzer at the police station and gets a separate citation. In effect, a person charged has a somewhat restricted license until the case is resolved. Ultimately, if a person is convicted, they may have their license suspended but they could also get a restricted license depending on the circumstances. Usually, if it's a first offense and an impaired conviction, a person will receive a restricted license ultimately.
Answered on Nov 11th, 2011 at 1:51 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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You should be able to have your DUI charges dismissed based upon your breath test results. You should contact an attorney immediately though because certain administrative deadlines kick in upon your result. The status of your driver's license will be handled in a separate administrative hearing from your reckless driving/DUI charges. If you do not request an admin hearing within 15 days of your arrest, your license will be automatically suspended until everything is sorted out. Because of the nature of the procedure and deadlines associated with DUI charges, it is very important to hire an experienced DUI attorney to ensure that everything is handled properly and that you do not lose your driving privileges for some reason.
Answered on Oct 21st, 2011 at 8:39 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
4 Awards
Your license will be suspended if there is a DUI conviction. Based on the details you mentioned in your post, this should be able to be avoided. I would like to know more about your case though? Did they ask you to do a urine or blood test to check for drugs? If so, did you comply?
Answered on Oct 20th, 2011 at 6:24 PM
You should not refuse a breathalyzer if you had zero alcohol. What sense does that make? The refusal is the same as a finding of DUI. A good lawyer can probably get you off the DUI charge, and reduce the reckless driving charge.
Answered on Oct 19th, 2011 at 12:04 AM
Criminal Defense Attorney serving Monticello, MN
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Smith, Paulson, O'Donnell & Erickson, PLC
1 Award
This is a very odd fact pattern. I fail to see how they can charge you with an alcohol related driving while under the influence if there is no proof of alcohol use. However, they may have charged you with a driving while under the influence of a controlled substance or a hazardous substance. Your driving privileges can be revoked in a couple of ways. If the police have a test of blood breath or urine that shows a controlled substance was in your system or a hazardous substance was in your system, then the State can revoke your driving privileges administratively through the implied consent law. You should receive a notice from the peace officer who tested you or the department of public safety before your driving privileges are revoked in this manner. The second way that you could lose your driving privileges would happen if you are convicted of a driving while under the influence crime.
Answered on Oct 18th, 2011 at 2:41 PM
3 Awards
You could lose your license through a variety of avenues from anywhere of 60 days up to two years based on a number of different factors.
Answered on Oct 17th, 2011 at 11:04 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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The only way you could be convicted in California is if you were under the influence of drugs. Cal. law prohibits driving under the influence of drugs if they are affecting your ability to drive. A blood test will determine their presence. A breath test will not. That may be your issue. There also may be a question whether the cop had a right to stop you. Just going slow is many times not enough to justify a car stop.
Answered on Oct 17th, 2011 at 4:02 PM
The suspension of your license is done by the DMV. You should request a hearing within ten days of the incident. At this hearing (over the phone) you and your attorney will have a chance to present your side of the incident. If you have any documents to present make sure that the DMV official has them before the hearing begins. At the court hearing you will be read your rights and have the opportunity to talk with a public defender. If the facts of your case are as you stated you should get nothing worse than a reckless driving.
Answered on Oct 17th, 2011 at 3:49 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It should not be immediately if you blew under .08, however it can be later on. You need counsel.
Answered on Oct 17th, 2011 at 3:37 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The only way to get your license back is to be found not guilty of your charges. Your lawyer can then ask the judge to provide an order for your license to be restored.
Answered on Oct 17th, 2011 at 3:01 PM
Criminal Attorney serving Santa Barbara, CA
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Law Office of Kenneth M. Hallum
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In California, an initial suspension will occur if you are arrested for DUI based on alcohol with a .08% or higher. This does not appear to be the case for you. If however you are later convicted of DUI, alcohol and/or drugs a separate suspension will result. It does not appear that you refused a test, since you completed the breath test. It would be wise to consult a DUI lawyer because it sounds as if DUI may be a bogus charge, if the prosecutor proceeds, unless drugs or medication are involved which raises a complete set of different issues.
Answered on Oct 17th, 2011 at 2:44 PM
If you have been charged within the last 10 days you must appeal to DMV or your license will be suspended whether or notyou are convicted. Look on your ticket for instructions. Don 't refuse to test, your license can be suspended for that alone. If the officer suspected drugs were in your system, he may have been looking for evidence of that. If you did sobriety tests and passed them, the officer will not have much evidence that you were under the influence of anything. You must have really made this cop mad.Have you ever heard that honey gets more flies than vinegar. Since your license is so important to you, you may want to rethink your reaction to a cop thatwas probably having a bad night too.
Answered on Oct 17th, 2011 at 2:33 PM
The prosecution will have to prove beyond a reasonable doubt that you were driving with an unlawful blood alcohol content. What evidence do they have? You need to get the assistance of a competent attorney and vigorously defend this matter.
Answered on Oct 17th, 2011 at 2:10 PM
3 Awards
If you have a legal chemical test that says 0.00% alcohol and they did not ask for any other test, you should not be charged or face DUI. No DL susp, just speeding and possibly reckless.
Answered on Oct 17th, 2011 at 1:58 PM
Criminal Law (Defense) Attorney serving Overland Park, KS
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Gigstad Law Office, LLC
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It sounds like you have a solid defense to your case. You need to contact an attorney in your area as soon as possible. If charged with a DUI in KS two different proceedings start, one is an administrative proceeding regarding your driver's license, and the second is the criminal proceeding which can involve jail time, fines, and license suspension. In KS you have a limited time to request the administrative hearing, otherwise your license is automatically suspended.
Answered on Oct 17th, 2011 at 1:40 PM
2 Awards
If there was no urine or blood test request from law enforcement they should not and in my opinion cannot prove DUI under the facts you gave. You need to see a lawyer and you need to file for a Formal Review within ten days of your arrest with the Department of Motor Vehicles (if law enforcement took you DL or suspended it).
Answered on Oct 17th, 2011 at 1:23 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Get yourself a good attorney as it seems as if u have a lot to lose if convicted. Yes, if convicted of.even your first owi. The minimum suspension is 6 months.
Answered on Oct 17th, 2011 at 12:59 PM
Your license will still be suspended if you or your attorney does not request a DMV hearing within 10 days of arrest. You have a great case both in court and at the DMV. You need a DUI specialist to help you navigate the complicated waters of DUI law.
Answered on Oct 15th, 2011 at 2:39 AM
Assault Attorney serving Richardson, TX
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This is a case that needs to be contested in court. If there is no issue of drugs, the case should be won at trial. See an attorney as soon as possible. There is a hearing that should be scheduled regarding the test that needs to be requested within 15 days of the arrest. This is very important and should not be lost by responding too slowly. Get with an attorney as soon as possible. Again, don't wait.
Answered on Oct 15th, 2011 at 2:37 AM
2 Awards
With a zero BAC, you should not be charged with DUI alcohol.
Answered on Oct 15th, 2011 at 2:33 AM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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They probably suspect "DUI drugs". The case can possibly be dismissed. It most certainly can be reduced.
Answered on Oct 14th, 2011 at 11:41 PM
Michael J. Breczinski
Were you under the influence of any other drugs? I don't see them charging you if the test showed no alcohol at all unless they had proof of other drugs that could affect you. You need an attorney.
Answered on Oct 14th, 2011 at 11:38 PM
Daniel Kieth Martin
Most likely you will not be convicted, It is important to understand that there are two basic charges that come along with your 'run-of-the-mill' DUI. One charge alleges that you were driving with a blood alcohol level of .08% or higher. The other allegation is that you were driving with enough alcohol or drugs in your system to affect your ability to drive. The affect must be significant enough to prevent you from driving with reasonable caution. You will be the .08% easily because the test came back .0%, the problem is going to be with the allegation that your driving was impaired. The prosecutor is going to have a difficult time convincing 12 people that you had enough alcohol to be impaired. They may be able to argue that you had drugs however without a blood test showing that then that will be difficult also. The DMV procedure is separate. You must request a DMV hearing within ten days of getting a DUI. If you have not already done it, make sure you send a fax to the nearest DMV safety office to request a hearing. It is called a Per Se hearing. Finally, you should speak to a criminal defense attorney as soon as possible. An attorney can help you request the hearing and fight the case in the Superior Court.
Answered on Oct 14th, 2011 at 11:34 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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My prediction is that you will win. You were smart to refuse taking the Standard Field Sobriety Tests. Good for you! Finally, a defendant does good. They are unreliable and subjective. They cannot suspend your license pending prosecution because they don't have the required blood alcohol reading. You are sitting pretty but you are going to be out attorney's fees. This officer should be disciplined and re-trained.
Answered on Oct 14th, 2011 at 11:09 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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You need to request a hearing at the DMV.
Answered on Oct 14th, 2011 at 10:39 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Unless you're convicted of DUI in court or your blood alcohol level was over 0.08%, you won't lose your license. There's something missing from what you wrote with regard to the investigation and why you could possibly get arrested for DUI unless there were drugs involved. Because you were arrested and are potentially facing criminal charges, your best advice is to sit down face to face with a local criminal defense attorney. You can discuss the facts in greater detail and they can review the paperwork you have to help sort through this.
Answered on Oct 14th, 2011 at 10:30 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I don't see how you can be prosecuted for DUI with a 0.0 BAC.
Answered on Oct 14th, 2011 at 10:30 PM
Kevin Michael Smith
It is imperative that you contact an experienced DUI attorney to fight this case at both the court and the DMV. This case can and should be won, but you must present the right defense.
Answered on Oct 14th, 2011 at 10:26 PM