- If you took the breath test and blew .08 or above, you will automatically lose your license for 6 months or for one year if you have previously blown over the legal limit.
- If you refused the breath test, you will automatically lose your license for one year if this is your first refusal and 18 months if you have ever refused a breath test in the past.
These "Administrative suspensions" will occur even if you win your DUI case in court, unless you can show the Department of Motor Vehicles (DMV) legal grounds for having refused the breath test or legal grounds to invalidate a breath sample. This challenge is made during a "Formal Review Hearing" at the DMV.YOU MUST REQUEST A FORMAL REVIEW HEARING WITHIN 10 DAYS OF YOUR ARREST!
If you do not file a request within 10 days you will lose your right to a formal review hearing. There is only a $25.00 charge to request a hearing.
If your breath test result is above the legal limit (.08) or you refuse to provide a breath sample, the DUI traffic ticket you will receive will, in most cases, act as a 10-day driving permit. However, after this initial 10 day period, you will be subject to a 30 or 90 day "hard" suspension. The hard suspension means you will not be permitted to have a hardship or business license. YOU MUST ACT WITHIN 10 DAYS OF THE DATE OF YOUR ARREST TO PRESERVE YOUR ABILITY TO DRIVE. DO NOT DELAY… PROTECT YOUR RIGHTS. CALL ATTORNEY DON SIMON AND LET HIM HELP YOU WITH THE FORMS AND PROCEDURES TO OBTAIN A DRIVERS LICENSE DURING YOUR FREE INITIAL CONSULTATION.
MOST DUI CASES ARE DECIDED BY THE INTERPRETATION OF 3 PIECES OF EVIDENCE: TWO TESTS AND A REPORT:
Breath Test Machines
Man has not yet invented a machine that is 100% accurate…100% of the time. Breath Test Machines can be inaccurate for many reasons. The machine'’ design is based on scientific principals that may not be valid for its intended use. A few areas Don Simon evaluates:
Field Sobriety Tests
In a recent university study, police officers said that 46% of a completely sober test group was too intoxicated to drive. While a police officer may say you failed the tests, his report doesn’t take into account:
The police officer’s report is one person’s interpretation of the events leading up to your arrest. It may contain omissions, inconsistencies and biases. Don Simon’s investigation of your case will evaluate:
"I understand that each case is special. Sirens in the dark and strange tests can cause reactions in people. Just because the officer says you refused or failed a test, doesn't make it so...I'm in your corner fighting for you." -Attorney Don Simon