You should contact a local attorney as teh DMV regulations in each state differs. Generally they would need to establish that the reading is accurate to take your license but the standard may be lower than in the DWI case in court.
Best of luck.
Joshua H. Reinitz, Esq.
Iacullo Martino, LLC
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Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney.
DMV is correct - if your BAC was .08 or more the DMV will suspend your license for 90 days. If you are still in the suspension period, then you can request (or better have an attorney request) a DMV hearing. This will allow you to challenge the finding. Because, if you do nothing then the suspension will go on your DMV record and you will need to get an SR-22 insurance for 3 years before you can reinstate your license. While you challenge the DMV you can get a temporary license.
Finally, it is possible that you have been charged but notification went to a bad address. You should check with the court to make sure you are not in warrant.
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