My sister has breathlyzer for 2 years, is there a way to reduce time on these ?

Asked 10 months ago - Tulsa, OK

She was pulled over and police said that she denied to make the alochol test, which that was not true. They gave her a DUI..and she is carrying the breathelyzer, is very sad because she is not an alcoholic or anything like that, i wonder if she cant get this time reduce or something, she doesnt want to go out or go to school, she feels down and sad carrying that think around.

Attorney answers (4)

  1. Kevin H. Pate

    Contributor Level 20

    6

    Lawyers agree

    Answered . If your sister has a dui conviction or is serving a deferral period in lieu of a conviction, she had counsel, either retained or court appointed. Any and all questions your sister may have regarding her conditions and sentence should be address to her attorney by her.

  2. John Hunsucker

    Contributor Level 13

    5

    Lawyers agree

    1

    Answered . If your sister has an interlock on her car in Oklahoma, it is probably the result of losing her license through the Department of Public Safety. In Oklahoma, she would have had 15 days to contest the license revocation. If she didn't or if she did and was not successful, then she received a 180 day (six month) license revocation providing she had no prior revocations within the previous 10 years. She probably asked for a modified license to let her drive during the six months which would have required an interlock in the vehicle. Because you stated she has to have the device for two years then I am guessing she either refused the breath test or took the test (or blood test) and the result was a .15 or more. This being so, under the Erin Swezey Act which took effect Nov 1, 2011, she is being required to keep the interlock on her car an additional 18 months after she reinstates from the DL suspension. It boils down to 2 years of the device on the car. Unfortunately, this may have been preventable in the beginning if we could have fought it then but after it has occurred....there is no way to avoid the requirement now. If my answer was helpful, please select it as the must helpful. Good luck.

    Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship.... more
  3. George Crosby Gaskell III

    Contributor Level 11

    7

    Lawyers agree

    Answered . It's unclear from your question whether your sister has already been convicted of a DUI. Is the thing you mention an Ignition Interlock on her car?

  4. Robert Jason De Groot

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If she has already entered a plea, there is little chance of getting it set aside.

    R. Jason de Groot, Esq.,

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