The frequent question that is asked by a citizen is "Is it a good idea to blow into a Breathalyzer or not?" the answer to that question is "depends." First, you need to be calm and analyze yourself, and ask yourself this question "if you blow into the Breathalyzer, will it be above .08?" then you can refuse the Breathalyzer test. Refusal to blow into the Breathalyzer will result in an automatic suspension of your driver's license by the Department of Public Safety (DPS) for about 180 days. If you refuse to take the Breathalyzer, the DPS suspension will begin after 41 days once the notice has been given to you. Also, once your suspension has been delivered, you are allowed to call for a hearing
Now, if you are sure that your BAC level might be above .08, it is advised not to take the Breathalyzer. Eventually, if you fail the test, then it is evident enough that are legally intoxicated. It is in your best interest not to make the state government prove that you’ve been legally intoxicated, especially when your reputation is at stake.
If by any chance you want to take the risk, make sure you pass the test, if you take the Breathalyzer and get above .08, then you will force the DPS to suspend your license for at least 90 days. If you take the Breathalyzer and your level is .15 BAC, then your crime goes from a Class B to Class A, which in some states like Texas is a great offense. The increase from Class B to Class A comes with a fine of $2000 and one year sentence to jail.
Certain questions need to be clouding your mind: Can I blow under .08 BAC? Is the fine of $2000 worth the waste? Is the increase from Class B to Class A in my criminal record worth it? It is best you refuse a Breathalyzer if the result may not be in your favor. Also, you can apply for an occupational license after a suspension.
Your physical driver’s license will be taken away from you by the arresting officer. Also, you are required to contact your attorney (Recommendation: Carl Barkemeyer) Then; they will suspend your license and issue a temporary one that is good for 30 days. It will show that the temporary license is only valid for 30 days, after the expiration of the number of days given to you, your driver’s license will then be suspended.
For a first time offender charged with DUI, your license will be suspended for 4 months and 30 days (approximately 180 days). If you make a “refusal” to submit your test to the arresting officer, then your license will be suspended for 1 year. It is also advisable to get an attorney; I recommend Carl Barkemeyer. After the initial 30 days, you can apply for a restricted driver's license after showing proof of applying for an alcohol program required by the Department of Motor Vehicles and court; you will also be required to fill an SR-22 certificate and also pay a fine of $125 to the DMV.
For the second or third time offender, your driver’s license will be suspended for at least a year. If you make a “refusal” to submit a Breathalyzer or any chemical related test that was asked by the arresting officer, then your driver’s license will be suspended for 2 years if it’s your second time, and 3 years if it’s your third offense.
DMV administrative hearing
After an arrest by an officer for a DUI / DWI charge a copy of the report showing the copy of the suspension of your driver’s license will be sent to the DMV. The DMV administration will look into your case and find out if your license suspension can be upheld. An individual has the right to ask for a DMV hearing after 10 days of receiving the notice of the suspension of your license. If the case doesn’t show reason to suspend your license, your license will be forced to restore your license.
This is a certificate that shows you carry car insurance; it can also be referred to as Certificate of Financial Responsibility (CFR).
I want an SR-22 form, how can I get it?
This is a form that is used to apply for restricting a driver’s license. The DMV usually ask for this form whenever they restore a suspended license or apply for a new driver’s license after a DUI charge. It usually happens when your insurance company finds out about your DUI. This form is given by a driver auto insurance company.
What do I need to do in other to get SR-22 insurance?
Information concerning getting insurance varies by the state, but generally, you just need to identify yourself as a driver who needs to file for an SR-22. You will then be required to provide your means of identification and driver license number to file in your respective state.
Types of an SR-22 certificate
ASR-22 come in three different types:
Must I inform my insurance company about my DUI?
The answer is "NO," you can just purchase another SR-22 from a different company. However, it comes with a price. It is best, and it saves more money if your insurance company doesn't know about your DUI / DWI because they tend to increase your premiums and deductibles. The DMV doesn't concern themselves with how you got an SR-22 certificate.