ALS If you are arrested for DUI and you refuse to take the breath test, or if your test results exceed the legal limit of .08% Blood Alcohol Concentration (BAC), the officer can take your driver license on the spot, and, on behalf of the BMV, impose an immediate suspension. Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years. If you have previous offenses, you may also be charged with a crime if you refuse to take the test. The administrative suspension is independent of any jail term, fine or other criminal penalty imposed and is independent of a finding of not guilty. Appeal process for administrative license suspension The appeal has to be filed within 30 days of your arraignment. A person who has been arrested for drunk driving and whose license has been suspended can appeal the suspension. The appeal is rarely heard at the initial appearance. The scope of appeal is confined to four issues: • Was the arrest based on probable cause? • Did the officer request the person to take a test? • Was the arrested made aware of the consequences if he/she refused or failed the test? • Did the person refuse or test above the per se limit? NOTE: A court may still issue a suspension even if the appeal is granted if the court finds the person a threat to public safety. For multiple OVI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender. Vehicle forfeiture Permanent loss of vehicle shall be ordered by the court for any of the following which occur within five years: • Third offense of OVI • Third or more offense of Driving Under Suspension (DUS) for OVI or Driving Under Suspension for Financial Responsibility (FRA) • First offense of driving a vehicle that is immobilized and plates impounded. |
