UPDATE: As of July 1st, 2013
The law for first time DUI offenders has been changed to allow greater access to a hardship license. You may be able to receive a hardship license license immediately if, within 10 days of the infraction, you do the following:
- Apply and pay for DUI school
- Go to the DMV office, pay $25 for a hearing and $250 for hardship
In short, act fast, don’t wait to contact us if you have been arrested for a DUI, we will guide you through the process.
You Are Permitted to Decline a Field Sobriety Test
Many people don’t know that you are under no obligation to perform a field sobriety test and refusing a field sobriety test will not affect your license. If you are forced to do the field test, your rights are being violated. Always remember that your conduct and attitude are very important when declining this test. Remain polite at all times be aware of what you say. For example, simply admitting that you’re taking certain prescription (e.g. Valium, Ambien, Percocet, OxyContin) or over-the-counter medications (e.g. Benadryl, Dimetapp) may put you in DUI violation. Remember, even small amounts of alcohol can compound the impairment abilities of these drugs.
If You Fail a Breath Test
You will, at a minimum, be required to submit to a breathalyzer. Legally, you have the right to have the arresting officer take you to the hospital to have your blood alcohol level (BAL) tested. If you are not allowed to submit yourself to a blood test, the breath test may be declared invalid. Remember, the cost of a blood test will be yours to bear and the officer is not required to disclose this right to you. Next, note any mechanical issues with the car that could account for erratic driving and have them validated by a mechanic as quickly as possible. Then, write down what you were doing and who you interacted with before the arrest.
Enhanced Penalties Can Be Up To $5,000 in Fines and 5 Years in Jail
Penalties will vary depending on past violations, how far apart they are, and how high your BAL is. They can range from 50 hours of community service to imprisonment. You may also lose your license or have your vehicle immobilized. The attorneys at Bianco & Mansfield can help you reduce your penalty. You have a right to request a formal review in front of DMV hearing officers. But you must request the hearing within 10 days; otherwise, you waive that right. We have 20 years of experience helping people in Pasco and surrounding counties with DUI arrests.