Sunday , March 29 2020
Home / Tag Archives: license suspension

Tag Archives: license suspension

Massachusetts Implied Consent

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »

Chemical Test Refusals May Not be Criminal

In the context of a drunk driving arrest, a handful of states have enacted statutes criminalizing chemical test refusal. These states are Minnesota, Nebraska, Alaska, Virginia, Florida, Ohio and Vermont. The Ohio statute increases penalties for the refusal rather than considering the violation a new crime. These statutes are unusual, and while still relatively uncommon, they do raise unanswered questions regarding the limits of implied consent statutes and the propriety of the imposition of criminal penalties for refusing a warrantless ... Read More »

Michigan Law Ignores Child Endangerment While Drunk Snowmobiling

According to the DNR: With its unique combination of abundant annual snowfall, exciting terrain and extensive trail network, Michigan is a popular destination for snowmobilers far and wide. More than 6,400 miles of designated snowmobile trails criss-cross state forests, three national forests and many acres of privately owned lands. In fact, Michigan is one of only a handful of states that offer a large network of groomed and signed snowmobile trails. With all this snowmobiling in Michigan, you would think ... Read More »

Florida’s Administrative Suspension Process Changes July 1, 2013

In Florida a driver who was arrested for DUI would face an administrative suspension of his or her driving privilege. However, they could challenge this suspension using the “Formal Review” process. If they won they would get their regular license back. However, if they lost, or if they did not challenge the suspension, their privilege to drive would be suspended. If they took the breath test, they would lose their privilege to drive for 6 months. If they refused to ... Read More »

Laws requiring breathalyzers in the cars of DUI offenders has reached 18 states and counting

Maine is the newest state to propose a bill that would allow first time and habitual DUI offenders to cut down on their license suspensions by having a breathalyzer installed in their vehicles. The breathalyzer, also known as the ignition interlock device (IID), is a device wired to a vehicle’s ignition that requires a breath sample from the driver before the engine will start. A photo of the driver is taken while the sample is being given and transmitted to ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

The Cost of Getting a DUI in Georgia

Most people don’t think about how costly getting a DUI could be because nobody ever plans to get a DUI.  We plan for retirement, we plan for our kids education, but it is absurd to contemplate setting aside funds for the unlikely event that we might get a DUI.  In addition to the financial costs, there are many other costs that are hard to measure.  Loss of reputation in the community.  The impact it will have on relationships both personally ... Read More »

New Kansas Test Refusal Law – Strictly Enforced

On July 1, 2012, the Kansas Legislature’s new test refusal law criminalizing the refusal of a requested blood, breath, or urine test went into effect.  Over the past 2 months, I have seen this new law rigorously enforced.  Basically, if during a DUI investigation the driver refuses to submit to the officer’s request for a test, the main element of the charge is met.  It is, however, important to know that a Refusal can only be charged in regard to ... Read More »

RMV Dealt Blow on License Suspensions

The Massachusetts Supreme Judicial Court has dealt a blow to the Massachusetts Registry of Motor Vehicles policy of suspending licenses for repeat offenders based upon prior cases that had been continued without a finding. The decision in Souza v. Registrar of Motor Vehicles will affect thousands of drivers who either pled guilty or were found guilty of second or subsequent offenses. The license losses for refusing the breathalyzer depend on whether the individual has prior offenses. If a person has ... Read More »