After a driving under the influence (DUI) arrest, you might be shocked at how quickly the consequences of that action begins to affect you. States have cracked down hard on drunk driving your driving privileges can be taken away from you in an instant. To find out more about administrative license suspensions, read on.
Administrative Licenses Suspensions
Administrative licenses suspensions refer to the automatic suspension of driving privileges for those in most states. While there are a few exceptions, your license can be suspended before you can be bailed out of jail. Not guilty until proven innocent is still an important legal construct, but more and more states use a different standard to punish those arrested for DUI. The way states look at the issue, driving is not a right afforded by the Constitution. It's a privilege granted by the state and, therefore, that privilege can be taken away instantly. Only nine states do not participate in administrative license suspensions. In those states, you have the right to keep your license until you go to trial and are found guilty or until you plead guilty.
Reasons for Administrative Suspensions
In the states that participate in this practice, it is not the DUI arrest that usually triggers the suspension but the results of certain tests. Field sobriety tests and blood alcohol concentration tests are a big part of most DUI arrests, however. You can be arrested for DUI even if you show no other signs of being under the influence than a blood alcohol result. The legal limit in all states is .08% and if you "blow" at or above that number you can be arrested and charged with DUI. Blood tests are often performed in addition to the portable breathalyzer tests performed in the field to confirm the blood alcohol levels. In addition, some states use the result of field sobriety testing to suspend your license. That usually means the:
- Walk and turn.
- One-legged stand.
- Horizontal gaze nystagmus
Unfortunately, inaccuracies in the results of all of the above can result in arrests and consequential driver's license suspensions without good cause.
Facing the Consequences
You have little choice when it comes to the above testing. If you refuse, your license is automatically suspended. Even if you are later found to have not been legally intoxicated, the suspension remains. Once your license is suspended, the department of motor vehicles can charge defendants a great deal of money to have it reinstated. If you have lost your license, you may have alternatives. Speak to a DUI attorney about hardship licenses and other ways to get your driving privileges returned.
For more information, firms like Winston C. Throgmorton, Attorney At Law can help.
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