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Can I get a Driving Privilege after my arrest for Driving While Impaired? YES, typically you can get a Limited Driving Privilege within ten days of your arrest if you meet certain conditions. It may not matter that you have a prior conviction, that you refused the Intoxylizer or had an accident. This Pre-Trial privilege can be prepared by an attorney so that you can be "back on the road" while you are waiting for the clerk to release your Drivers License after 30 days. In certain circumstances, you may be able to get a Privilege sooner than 10 days!
Can I get a Privilege even if I am found guilty of Driving While Impaired? YES, typically you can get a Privilege allowing you to drive from 6:00 AM to 8:00 PM, Monday through Friday, plus "non-standard" work hours, to use for the one year that your license is revoked for Driving While Impaired as long as there are no "Grossly Aggravating Factors" in your case and you meet other conditions.
Can I get a Limited Driving Privilege even if I refused the Intoxylizer test? YES, if you meet the conditions of a regular Limited Driving Privilege and your case has been concluded and you have been suspended for a minimum of six months.
Do I have to do anything when I am stopped by the police? You should be polite and respectful to the officer. You should tell the officer your name. You are not required to:
Perform "Field Sobriety Tests"; Take an Alcosensor test; Take the Intoxylizer test at the jail or police station; or Make any admissions about anything.
What happens if I refuse to take the Intoxylizer? Your license will be revoked for thirty days for the civil revocation. Your license will also be suspended for one year. This suspension by DMV is different than the one year suspension from the court system. It is very important that you discuss these issues with an attorney to determine what can be done to protect your interests.
What do I do if I did not refuse but the officer says that I refused? You have the right to a hearing to determine if you wilfully refused to take the Intoxilyzer or give a proper sample. If you are going to object to the one year DMV suspension, then you MUST request a hearing when you get a letter from DMV regarding the suspension. If you do not request it properly, then you may not be allowed to a hearing. When you request a hearing, the suspension is held up until a hearing at DMV.
Can I get Limited Driving Privileges if I refused the Intoxylizer? You are eligible to get Limited Driving Privileges, if you have no grossly aggravating factors. You may apply for limited driving privileges six months after your license has been suspended. You must have obtained an assessment and completed the recommendations from the assessment.
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