What Tests Must You Take If You Are Stopped For A DUI/DWI?

The most common tests you'll likely undergo if charged with a DUI/DWI are the breathalyzer test and the blood test, which is given at the police station.

If you are given a breathalyzer test at the station and tests show a level of 0.08%, your driver's license will be confiscated by the officer and you'll be given a letter of suspension.

This notice that you are given serves as a provisional license that is good for one week. The reason for the provisional license is to permit you enough time to contact the Department of Motor Vehicles, or seek the advise of a lawyer to contact the Department of Motor Vehicles on your behalf to request a hearing to dispute the DUI suspension.

If you are given a blood test after your arrest, your driver's license will not be confiscated at the police station because the lab can last over 30 days to analyze your blood sample. If the tests evidence a blood-alcohol concentration of at least 0.08 percent or greater, you'll be given notice by the DMV that your driving privileges are suspended. If you are convicted of DUI/DWI, or driving with 0.08 percent blood alcohol concentration, your driver's license will be suspended for three months.

After half of that suspension is completed, you may be able to have the suspension replaced with a restricted driving privilege (for example, to and from work). A second and 3rd offense carries much harsher punishments. A second arrest that occurs within 7 years of the 1st offense will result in a license suspension for one year, without possibility for restricted use. A 3rd offense that occurs within 7 years of the first offense will result in a driver's license revocation of 3 years, with no possibility of employment restriction release.

An attorney can help out if you have been charged with a DUI in various ways depending on your situation. An experienced DUI attorney is most helpful when the DUI is not your 1st offense. The attorney can help navigate the legal system, from knowing whether you should accept a plea deal, or knowing whether the opposing counsel will be willing to reduce the charges to a non-DUI related offense. An experienced DUI attorney could likely get the charges against you completely dropped if they are able to discredit a key witness or choose members of the jury that will be favorable to you. You may be able to handle the case on your own if it is your first DUI offense, but in the long run, hiring an attorney may be costly, but the benefits far outweigh the cost.

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