How is the driver’s license suspension for failing or refusing the Breathalyzer test different from the license suspension following a criminal disposition or conviction?
A. The length of the suspensions will likely be different. More significant are the potential criminal penalties if the suspended driver gets caught operating a motor vehicle during the specific suspension. If a defendant operates while suspended for a chemical test refusal or failure, new criminal charges that are separate and distinct from the original OUI charge are taken and incarceration is possible, but not required, if convicted of the new offense. However, if a defendant operates while either suspended as a result of a criminal OUI conviction or a continuance without a finding and assignment to a 24D alcohol program, new and separate criminal charges will be brought and, however, there is a minimum mandatory sentence of incarceration for conviction.
Related Questions
- How is the driver’s license suspension for failing or refusing the Breathalyzer test different from the license suspension following a criminal disposition or conviction?
- How do I reinstate my driver license privileges if they were suspended for failing or refusing to take a breath or blood test?
- How do I prevent the suspension of my drivers license if I refused or failed a breathalyzer, urine test, or blood test?
