Understanding Implied Consent to Testing
Part of the agreement that you make when getting your license, is that you consent to chemical testing if you are arrested on suspicion of DUI. You do have the right to refuse, however it comes with penalties. If you say no to testing, your license is automatically suspended for six months. Once charged, you must schedule a DMV hearing to challenge the suspension within 30 days. While you wait for that DMV hearing, you have the potential to receive a Temporary Alcohol License (TAL). This has the potential to be very helpful, especially if you have a long commute. However, if you do not file quickly enough— your suspension will begin. This suspension is considered a civil suspension whereas there can be a second DMV suspension if convicted criminally. That’s where your attorney comes in. By having an attorney that understands your case through and through, they can help prepare you for all potential outcomes. That way, you are not blindsided when, say, that second license suspension hits. this process is long, and there’s a lot to it. But, you don’t have to go at it alone.