There are two procedural consequences to a DUI arrest: the action taking by the Deparment of Licensing and the Criminal Charge. These are two separate procedures and it is best to keep the two apart, because they are not generally controlling of each other's outcomes.
1
Civil Licensing Side
When the officer punches a hold in your driver's license, this is a good indication that the Department of Licensing will be asked to begin suspension proceedings. Within *30 days* from the date of incident, you must request a hearing to the Department of Licensing. If you do not, the *60 day date* will be the day your suspension begins.
The *60 day date* will instead be the last date for the Department to schedule a phone hearing to determine whether, by a preponderance of the evidence, the faxed police report supports the following four points: (1) whether you were lawfully arrested, (2) whether the officer had reasonable grounds to believe you were DUI, (3) whether you were read your implied consent warnings and (4) whether you blew over .08 or refused the test.
We have substantial experience in this area.
2
Criminal Side
You will be charged with DUI (or Physical Control). The two charges are identical in consequence, but different in how they are proven. DUI can be either (1) driving and within 2 hours having over .08% alcohol in your system, AND/OR (2) driving while your ability to drive is affected to an appreciable degree by alcohol. This creates confusion for some people, where there is no test and yet they are still charged with DUI. We have even represented several clients whose BAC levels were well below .08 and nonetheless were charged with DUI. While we think this is legally obnoxious, we are aware of some strong defenses to DUI charges and have never pled a DUI where the level was under .08.
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