Asked over 2 years ago - Seattle, WAFlag
I was written up for a refusal and want to do a deferred prosecution to get help for myself. I read that the DOL does not allow a stay of suspension for a refusal. Is there anyway around this? Will I still need SR22 insurance if I do a deferred prosecution and my license gets suspended with the DOL?
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Deciding to enter a deferred prosecution is a big one and shouldn't be entered into if the licensing question is why. You can still do the same treatment for help with alcohol problems without entering the deferred. In fact, treatment will be ordered with almost any resolution you get.
I just gave a Continuing Legal Education course on this subject last Friday. If you do a deferred prosecution, the DOL will NOT stay a suspension for your refusal. You need to actually beat the licensing hearing to avoid the suspension. If you do get suspended, you can apply for an Ignition Interlock License to drive during a period of suspension. You will need SR-22 insurance for the Ignition Interlock License. If you have any further questions, you can give my office a call.
Deferred prosecution can be a very good deal for a number of reasons. Dealings with the DOL are separate from the courts, but they can be tough. Having refused to take the breath test does have its consequences. The govt tries to discourage people from refusing. If your license gets suspended, you had better not drive, so you won't need insurance during the period of suspension. After your license is re-issued, you would have to check with the appropriate authorities about the SR 22 insurance requirements.
A competent attorney can be very helpful and well worth the investment.
It is true that the Department of Licensing will not stay a license suspension if you refuse a breath test. However, you still may request an administrative hearing with DOL on the issue of whether it was a valid refusal. However, you have 20 days to request this hearing from the date of your arrest. And you do need to file proof of an SR-22 insurance policy if you choose to do a deferred prosecution.
Get a local skilled, knowledgeable, and experienced DUI attorney. That attorney will have the answers you need to your specific facts. Go down to the court where your case is set and watch the attorneys do their appearances. Get the cards from the ones that impress you most. Refusal cases are difficult. Get a local DUI expert.
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