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What distinguishes a misdemeanor from a felony?
If I am arrested for DUI, do I have to take the breath
test?
If I am arrested for DUI, do I have to do the roadside
sobriety tests?
I know that I can contest the DUI charge in court, but
can I contest the automatic license suspension?
What distinguishes a misdemeanor from a felony?
Each
state has a body of criminal law that categorizes certain
offenses as felonies and the others are misdemeanors.
These offenses generally appear in the state's "penal
code," the vehicle code, or the health and safety
code (for drug offenses).
Felonies are more serious crimes than misdemeanors.
Robbery, kidnaping, rape, and murder are examples of
felonies. Public drunkenness, resisting arrest, and simple
battery are misdemeanors. However, the same offense might
be either a felony or misdemeanor, depending on the degree.
For example, assault might be categorized as either felony
or misdemeanor. Similarly, the first offense for driving
while intoxicated may be a misdemeanor. After a certain
number of convictions for that same offense, the state
may prosecute the next violation as felony drunk driving.
If I am arrested for DUI,
do I have to take the breath test?
No, HOWEVER, if you
do not then an automatic license suspension will take
place. The length of the suspension will depend on whether
you have previously refused to take the breath test,
but the suspension will be for no less than 365 days.
Additionally, if the matter is taken to trial the fact
of the refusal may be admissible as evidence of guilt.
Also, if you are convicted of DUI then the fact of the
refusal will result in a stiffer sentence than if you
were convicted but did take the breath test.
If I am arrested for
DUI, do I have to do the roadside sobriety tests?
No, however,
the refusal to do so may also be admissible as evidence
of guilt.
I know that I can contest
the DUI charge in court, but can I contest the automatic
license suspension?
Yes, but you MUST make a request for
a hearing before the Department of Licensing within 30
days from the date that you are given notice of the Department's
intent to suspend the license. IN MOST CASES THAT DATE
OF NOTICE IS THE DATE OF ARREST
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