Driving Under the Influence (Drivers License)
The second case is the Drivers License hearing
conducted by the Division of Motor Vehicles. The case begins when
the officer hands the driver with a Form DC-27 (also referred to as
a "Law Enforcement Officer's Certification, or commonly referred to
a the "pink sheet" because it is usually 8.5" x 11" and is pink).
Once served upon the driver by the officer, the driver has 10
calendar days (not 10 working days) to request an administrative
hearing on whether his/her license will suspended, restricted or
both. Failure to request a hearing within the 10 calendar days,
results in the Division of Motor Vehicles taking action against the
driver's license in the form of suspension, restriction or both, and
the driver has no voice in the outcome. The Division of Motor
Vehicles will take their action on the 30th calendar day after the
officer hands the driver the DC-27, unless a hearing has been
requested.
The best advice, if you have a DC-27 and don't know what to do with
it, is to immediately contact a lawyer to help you complete your
request for administrative hearing. This is particularly true if you
have witnesses to be subpoenaed, other than the officers involved in
your case.
The following is the administrative penalties for testing over .08
or refusing the test, broken down by offense:
First Offense:
If the driver, was over the age of 21, and took and completed the
requested test, and the results were over .08, the driver's license
may be suspended for 30 days, and restricted for an additional 330
days. The restrictions are as follows:
(1) In going to or returning from the person's place of employment
or schooling;
(2) in the course of the person's employment;
(3)during a medical emergency; and
(4) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go
to attend an alcohol and drug safety action program.
If the driver refused to take and complete the requested test, the
driver's driving privileges may be suspended for 1 year (no "work
permit", "hardship license", or restrictions are permitted).
Second offense (within 5 years of 1st offense):
For taking and failing the requested breath, blood or urine test, a
suspension of driving privileges for 1 year (no "work permit" or
"hardship license" permitted) followed by one year or restricted
driving privileges. The restriction is the driver may only operate a
motor vehicle which is equiped with an Interlock Ignition Device (A
breath test device which interfaces with the driver's automobile
electrical system. Must "blow" before you "go".).
For refusing the test, a suspension of 2 years (no "work permit",
"hardship license", or restrictions are permitted).
Third offense (within 5 years of 1st offense):
For taking and failing the requested breath, blood or urine test, a
suspension of driving privileges for 1 year (no "work permit" or
"hardship license" permitted) followed by one year or restricted
driving privileges. The restriction is the driver may only operate a
motor vehicle which is equiped with an Interlock Ignition Device (A
breath test device which interfaces with the driver's automobile
electrical system. Must "blow" before you "go".).
For refusing the test, a suspension of 3 years (no "work permit",
"hardship license", or restrictions are permitted).
Fourth offense (within 5 years of 1st offense):
For taking and failing the requested breath, blood or urine test, a
suspension of driving privileges for 1 year (no "work permit" or
"hardship license" permitted) followed by one year or restricted
driving privileges. The restriction is the driver may only operate a
motor vehicle which is equiped with an Interlock Ignition Device (A
breath test device which interfaces with the driver's automobile
electrical system. Must "blow" before you "go".).
For refusing the test, a suspension of 10 years (no "work permit",
"hardship license", or restrictions are permitted).
Fifth offense (within 5 years of 1st offense):
Whether failure of requested breath blood or urine test; or refusal:
LIFETIME REVOCATION OF DRIVING PRIVILEGES.
If, after reading this, you have questions, please do not
hesitate to make an appointment to discuss your case. Call us at
(795)537-4603 direct.
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