i got a dwi in november of 2010, i went to court they said my license was suspended for 6 months and then 7 more with the interlock system.
If the Order was issued due to a statutory requirement (over .15 BAC or Refusal), then Iyou can NOT have the Order changed.
Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
You should have a document that IOU signed at sentencing setting forth all the penalties in your case. The interlock imposition should be on that paper. You can file a motion to be resentenced but it may be futile.
The license suspension was 7 months (statutory minimum for a DWI with a BAC over .10%), and the interlock was for 6 months (statutory minimum for a 1ST offense). Your question states these times but reversed. If the interlock was imposed based on a Blood Alcohol Concentration (BAC) of .15% or higher, you cannot have it “lifted.” You would have to go back into Court and seek to vacate the Plea and then challenge the breath test results, a process known as Post Conviction Relief (PCR). Whether this course is viable is very fact-sensitive and would require a thorough review of the proceedings and evidence.
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