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#DUI IN WV WHEN IS MY LICENSE SUSPENDED TRIAL#

In court, you also face greater punishment such as a 9-month DUI class instead of a 3-month DUI class normally ordered for a first-time DUI.

A one-year license suspension of your license with no chance for a restricted license to drive to work.

If a police officer pulls you over and suspects you have been drinking and driving, and he says you must take a breath or blood test and you refuse to take a breath or blood test you face some very serious punishment for refusing to take a chemical test. (Unfortunately, no one knows about or understands this implied consent law. By having a license you have already consented to take this chemical test. If a breath or blood test is not available, you must provide a urine sample. This means that if you are pulled over by a police officer and he thinks you have been drinking alcohol you get to choose but you must either take a breath test at the police station or submit to a blood test and give a sample of your blood to determine how much alcohol is inside your body. If a police officer requests that you take a breath or blood test at the police station to determine your blood alcohol level, then you must take a test.

Implied consent lawĬalifornia law says that anyone with a California license driving in the state of California has given their implied consent to taking a chemical test if a police officer suspects they have been drinking and driving. Please note, a refusal to take a mandatory chemical test at the police station is different from a DUI checkpoint refusal to breathe into the handheld breathalyzer device at the roadside which is an optional field sobriety test.

#DUI IN WV WHEN IS MY LICENSE SUSPENDED TRIAL#

Read more about the benefits of Plea Bargain versus Jury Trial Then the DMV will return your license without suspending your license. and you did not refuse to take a chemical test (breath or blood).and the Jury finds you not guilty of all the DUI charges.The other way to avoid a license suspension is if you have a jury trial in court:. Method 2: The Jury at your jury trial finds you not guilty This can be very confusing so be aware of this fact in determining what can happen to your license.ĭUI law in california is so convoluted and the DMV will do everything possible to have you lose the DMV hearing. DMV hearings are very difficult to win and if you are convicted in court of a DUI, the DMV will then usually impose a suspension resulting from what happens in court. The terrible thing about a DUI is the court and DMV have separate and independent powers over your license. However, you must be aware that the court still has the power to restrict, suspend or revoke your license depending on your case and if you have prior DUI’s. If you win your hearing, the DMV will not take any action against your license. You must request a Stay and a DMV Hearing within 10 days of your DUI arrest.