General DUI FAQs

Can My Driver’s License Be Suspended Immediately Following a Breathalyzer Test?

Yes, the officer will give a notice of suspension and confiscate the license of the impaired driver. The officer can do this if a driver’s breath test result is higher than the legal limit (normally a Blood Alcohol Content higher than 0.8% or in some states 0.10%) or if the officer has reason to believe that the driver’s test result of blood or urine will be above the legal limit.

Can I Refuse to Take a Breathalyzer, Blood, or Urine Test?

The consequences of refusing a breathalyzer, blood, or urine test vary from state to state but there are normally three outcomes in doing so. These are:

• Suspension of driving privileges for a period of time up to 12 months. States vary on the length of time a driver’s license will be suspended, so it is important to check with your state law. It is also important to note that even if you are found not guilty of DUI you can have your license still suspended for this time frame.
• In some states a refusal to comply with testing is considered a separate crime and can also add jail time to your sentence for the DUI offense.
• At trial, the fact that the driver refused to be tested can be introduced in evidence as a “consciousness of guilt. However, the defense has the right to offer other reasons for the refusal.

If I Am Arrested For DUI Can I Fight It?

Yes, following your arrest you have a specific number of days to request a review from the DMV. This length of time varies between states but is normally 10 days from the time of the arrest.

Can I Be Arrested For DUI if the Car Is Not Moving?

Yes, you do not have to be operating the vehicle to be arrested. If the driver is behind the wheel of the vehicle with the keys in the ignition and has a BAC over the legal limit, then they can be arrested for DUI.

If I am arrested, how long will I go to jail for?

Most states require a mandatory 24 hour jail stay for the first offense of a DUI. If this is not the first offense and is within the last 5 years, then the stay will be a mandatory 30 days in jail. A third offense within the last 5 years will result in a mandatory stay for up to 90 days.

Will I lose my car insurance?

Whether or not you suffer a loss of coverage is up to the discretion of the insurance company. The driver can be dropped from coverage or be assigned to a high-risk category. If the driver is assigned to a high-risk category then the driver’s premiums will increase substantially.