We are heading into the season of graduations and summer cookouts. It is a time when folks tend to relax and enjoy adult beverages. Although you should never drink and drive, after a few drinks, many believe that they are fine and get behind the wheel. Operators who drive erratically may encounter police who have observed this erratic operation.
After being stopped, the police may have a suspicion that the operator is under the influence and may have the operator perform field sobriety tests to determine if their suspicion rises to the level of probable cause to arrest the operator for being under the influence. If the officer feels that probable cause exists to arrest the operator, the operator is handcuffed and taken to the Police Station and once there may request the operator to submit to a blood, breath or urine test at the option of the police officer. The request for testing happens once the operator has been advised of their constitutional rights, has been afforded a reasonable opportunity to contact an attorney before testing, advised that evidence of a refusal shall be admissible in a criminal prosecution and informed that the operator’s operating privilege may be suspended if they refuse or fail the test.
Let’s assume this is the operator’s first offence for operating under the influence. If the arrested operator refuses to submit to the test or submits to the test, commenced within two hours of the time of operation, and the test results indicate an elevated blood alcohol content (.08 BAC or greater), the police officer shall revoke and take possession of the operator’s license for 24 hours. If the operator refuses the test, the operator’s license is then suspended by the Department of Motor vehicles (DMV) for 45 days and shall be restored only after an ignition interlock device (IID) is installed and maintained for one year.
Alternatively, if the operator fails the test by having an elevated blood alcohol content the DMV suspends the operator’s license for 4 5 days and the license shall be restored after installing an IID and maintaining it for six months. Under either scenario, the operator is entitled to have a hearing before the DMV to contest the suspension.
These are administrative suspensions imposed by DMV. The operator is also faced with a suspension and installation of an IID should the arrest result in a conviction for operating under the influence.
Testing Suspension Ignition Interlock device Installation/maintenance
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Refusal 45 days 1 year
Elevated BAC 45 days 6 months
If you drink, don’t drive, get a ride.
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