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You can lose your license if you refuse the breathalyzer

It is a basic premise in criminal law that driving is not a right, it is a privilege. Under that construction, the state can take away your privilege to drive, even if you are not convicted of a crime. The most prolific example occurs when an either fails or refuses to submit to a breathalyzer test. Either action results in an automatic suspension of the license, pending review by a criminal court. This post will go over the nature of how the suspension works and when it becomes effective.

 

Your license is automatically forfeit the moment that an officer determines that you failed a field sobriety test, you fail the breathalyzer, or refuse to submit to one. There is no way to avoid this result, even if you are eventually acquitted. The basic result is that you are punished before anyone ever decides if you are guilty.

Additionally, even if you are acquitted, you must go to the DMV to ask for your license back (where you could be subjected to a second criminal investigation and mini-trial.) Confronting the fallout from a DUI charge is a multi-stage job.

Which is why many people, if they are arrested, often rely on criminal defense attorneys. An experienced lawyer can go over the serious consequences with you and craft a strategy to address them. A DWI arrest is a serious offense that carries substantial penalties into your future. Dealing with these charges is a full-time job and assistance is sometimes needed and warranted.

 

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