Automatic suspension of license...?

Question

I have been reading many questions and answers on arrest suspended license for a DUI, but still need some answers, if you could...

1) If fail sobriety test and/or breathlyzer or blood test - is license taken away right away or does that happen at trial?

2) If do not take test - again is that right then and there on the night of the incident or at trial?

3) If refuse tests, are you still arrested if officer thinks you have been drinking? Thanks much.

Answer 1

1) If fail sobriety test and/or breathlyzer or blood test - is license taken away right away or does that happen at trial?

*They normally take your license right away. You sometimes have a provisional license right when it happens and if they take it at court, they begin the immediate suspension then.

2) If do not take test - again is that right then and there on the night of the incident or at trial?

*If refusal, they take it right then.

3) If refuse tests, are you still arrested if officer thinks you have been drinking?

*If refusal and convicted, you face a year hard license suspension.

Answer 2

Most states are very similar - this is Illinois.

1) If you fail field sobriety - your arrested - if you fail chemical tests, your license will be suspended - Illinois does it on the 46th day after the arrest - to allow for your attorney to challenge the validity of the procedure.

2) If you refuse the test - same thing - but suspension is longer

3) If you refuse - you can still be arrested - remember that field sobriety is walk and balance - except for HGN - you do that when you exit the car.

Answer 3

It varies by state, but usually your license cannot be taken until you go to court. Innocent until proven guilty. They are getting more strict with DWI's and most likley it will be suspended when you go to court. The courts are actually starting to back up the police work!

Answer 4

IT SHOULD BE TAKEN AWAY AFTER YOU ARE CONVICTED

A TEST IS USUALLY GIVEN RIGHT THEN OR IMMEDIATELY AFTER ARREST USUALLY WITHIN THE HOUR AS YOUR BLOOD ALCOHOL CAN CHANGE QUICKLY AND IF YOU REFUSE THE TEST IN MOST STATES IT IS AN AUTOMATIC SUSPENSION OF YOUR DRIVING PRIVILEGES