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DUI Arrest Facts


August 16, 2015

Each state in the U.S. has different regulations and legislation regarding DUI’s. In some states the penalties associated with a DUI will immediately be instituted (such as the suspension or cancellation of a driving license) while others may provide you with the right to appeal. However, there is a time-frame within which you can appeal, normally one month, once again depending on the state where the DUI charge was made. Failure to do so will result in immediate penalties. Other important facts that drivers need to be aware of regarding DUI charges and arrests include:

1.Immediate License Revocation

A traffic officer is entitled to take your driving license on-the-spot upon being arrested for a DUI offence. The license will be returned to you if your hearing results in you not being charged with the offence, or once the suspension or sentence has been served. In most cases, license suspension lasts for a period of 90 days. However, limited suspensions may apply where a driver is only permitted to travel to and from specific destinations at certain times of day such as to work and back home. There may be fees, additional charges or fines, that need to be paid in order for your license to be returned to you.

2.DMV Notification

The Department of Motor Vehicles (DMV) will immediately be notified of the DUI charges against you. This will have a number of disadvantages such as a record of the charge or arrest being kept for a lifetime as well as an increase in your insurance rates or even denial of coverage from certain insurance providers. Any person running a background check will have access to this information such as future employers, property rental agents and as mentioned above, insurance companies. This means that your DUI arrest can affect every aspect of your life in the present and in the future. There is no way that you can deny that you were arrested or charged with a DUI as it will form part of your permanent record forever.

3.The Sobriety Test

To verify that you have been driving under the influence, a traffic officer may request that you partake in a sobriety test. Walking in a straight line, reciting the alphabet backwards or touching your nose with the tip of your finger while your eyes are closed are all common tests that may be performed. You can visit freelawstuff.com for a complete list of field sobriety tests you may be subjected to. You have the right to refuse any type of sobriety test. However, you need to be aware that there may be consequences to refusing such as the prosecution will use your refusal as proof that you were indeed intoxicated. In addition, you may be required to submit to other tests such as breath analysis, chemical or blood testing. While you may also refuse these tests, your license may be suspended regardless of whether you agree or not. In some states, further tests are not optional and it is not recommended to refuse to submit to testing. Remember that even if you were charged or arrested in another state, your license will be revoked in the state where you reside as well.

4.Reasonable Cause

A breathalyzer, chemical or blood test can only be requested if there is reasonable cause. It is highly recommended to submit rather than face the immediate suspension of your license for up to a year. It is advisable to request a blood or chemical test rather than a breathalyzer as these are notoriously inaccurate.

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About the Author

At the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman, our experienced team of DUI / Drunk Driving defense lawyers are dedicated to aggressively defending people arrested for DUI.