Effective October 1 there will be major changes to Administrative penalties regarding the breath test. For those reading this now if you blow between .08-.14 you face a 45 day loss of license or a 45 day restricted license for a first offense. Beginning October 1st it increases to 180 days restricted or 180 days of interlock. I don’t know many people who can only drive to and from work, medical appointments, alcohol education, and school for 6 months.
For first offense .15 and above the period of suspension rises from 90 days to 180 days of no driving or the existing 1 year of interlock. I have had clients take 90 days of not driving but 6 months is a long time.
For a refusal the period of suspension rises from 120 days to 270 days of no driving or the existing 1 year of interlock.
If it is a second or third time, the penalties increase as well. The Interlock is going to become the norm in most DUI cases.
For those that refuse and are willing to live with the 270 days of no driving, they have legislated around that. If as a result of your refusal, you are able to get the case down to a DWI instead of a DUI, and the judge finds beyond a reasonable doubt that you refused the test, then the judge Orders you into the Interlock Program for 1 year. For those on the interlock it runs concurrently and adds no time. For those who tried to get around the interlock it now starts at sentencing.
We still have Probation before Judgment for 1st offenders, but lawyers are going to have to earn their fees to insure the client is in the best possible position to avoid these sanctions.