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DWI/DUI |
| If you have been arrested
for Driving While Intoxicated, the first thing you should
keep in mind is that YOU NEED TO TRY TO SAVE YOUR DRIVER’S
LICENSE. The only way to do this is by requesting a hearing
within 15 days of the date you were given notice that
your license would be suspended. Usually you are notified
at the time of your arrest. The Gray Law Firm, P.L.L.C.
can represent you in these matters. |
| At the hearing, the government will need
to prove the following: |
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The
officer had reasonable suspicion to pull you over
or probable cause to arrest you. |
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That the officer
had probable cause that you were driving or in control
of the vehicle in a public place while intoxicated. |
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That the driver
was placed under arrest and was offered an opportunity
to give a specimen of his breath or blood after
being notified of the consequences of refusing or
failing a breath or blood test. |
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The driver refused
to give a specimen or the driver failed the breath
or blood test. |
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| If the government prevails on a case where
the breath or blood test was refused by the accused, and
the accused has not had any prior alcohol or drug related
legal problems for the 10 years preceding the arrest,
the license is suspended for 180 days. If the government
prevails in a case where the accused took a breath or
blood test, and the accused has not had any prior alcohol
or drug related legal problems for the 10 years preceding
the arrest, the license is suspended for 90 days. If your
license is suspended, you may be eligible for an occupational
driver’s license to allow to drive to and from work.
The Gray Law Firm, P.L.L.C. can represent you in obtaining
an occupational driver’s license. |
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