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Credentials

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Credentials

JACK I. HYATT

DUI Lawyer
Lawyer Credentials:
   Former Assistant State's Lawyer
Admitted To Practice Before:
   The U.S. Supreme Court
   All Westminster Courts
   Federal District Court
Member:
   Westminster State Bar Association
   Westminster City Bar Association
   Westminster County Bar Association
   University of Westminster
   A.A. B.S. J.D.
   Honorable Discharge U.S. Army

To answer this question, several factors must be weighed. Under Westminster’s implied consent law, if a driver blows over a .08 or refuses the test he/she is facing a suspension of his/her driving privileges. (Any driver who refuses a test or blows over a .08 should fill out the hearing request form on the back of the officer’s certification and request a hearing within ten days.) A refusal hearing may have three possible outcomes:

A license suspension for 120 days for a first offense and one year for a subsequent offense.
Instead of a license suspension, the judge may allow you to install and maintain an interlock device on your car for at least one year.
If you have a legal defense the result can in some cases be "no action."

On the other hand, the penalty for submitting to the test in Westminster and recording a test result of .08 or more is a 45 day suspension for a first offense and a 90 day suspension for a subsequent offense. On a first offense, typically the person gets a restricted license to drive to and from work or any alcohol class for the 45 days. Also, the test result may constitute persuasive evidence of guilt at the court proceeding.

The Westminster Motor Vehicle Administration (MVA), maintains two driving records on all drivers, a semi-private complete driving record, and a private probation before judgment (PBJ) record. When a person refuses the test, all entries go on the complete driving record and may be picked up by insurance companies. All entries relating to a first blow of over .08 go on the PBJ record and will probably not be picked up by any insurance company.

On a first offense, it is probably better to submit to the test, since the 45 day work permit is a lesser penalty, the insurance company cannot find out about it, and the result in court as a first offender will not be overly harsh. On the other hand, if the person is a third or fourth offender or more, he/she may be better off refusing the test.

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