Petition For Review (PFR)
What is it?
-When an individual is stopped and the officer claims to have a reasonable belief that the individual is intoxicated, the officer can request that you take a breathalyzer test.
-This machine, normally a Datamaster machine, measures the blood alcohol content (BAC) of the person taking the test. It requires a continuous stream of breath for at least 7-9 seconds to get an accurate reading.
-It then prints a ticket showing the BAC of the person. The legal limit is .08 BAC.
-If a person REFUSES to take the test, which is well within their rights, they are subject to an automatic one (1) year suspension of their driving privileges. You can contest this suspension through the courts by filing a Petition for Review (PFR). An attorney will then ask a judge to review the Department of Revenue’s decision to revoke your license for a year. Evidence, such as testimony from the accused and the arresting officer, will be heard and the judge issues a decision.
-If a person refuses to take the Breathalyzer test, the officer MUST issue you a valid 15 day driving permit. This is only valid for 15 days! It is vital that you contact an attorney within in that time frame so that they may file a “Stay" order. A Stay order will keep you driving while the PFR process takes its course.
-This is commonly known as a “Refusal"
-Let us help you keep your driving privileges. We have handled hundreds of Petition For Review (PFR) hearings as prosecutors for the Department of Revenue. We know what they are looking for. We know how to attack their case. Call or email us. It is worth your time.