DWI – Administrative Action

Submitted to a Breath Test

If you blew above .08% BAC (Blood Alcohol Content) – read on

When a police officer stops you while driving and suspects you have been drinking, the officer may ask you to take some tests like walking heel to toe or standing on one leg. These tests will help the officer decide if you should be arrested and submit to a test to determine the alcohol level of your breath, blood, or urine. The result of this test is known as your Blood Alcohol Concentration (BAC) level.
If your BAC level is .08% or more (or for minors a BAC level of .020% or more), a police officer will take your license and give you a Notice of Suspension/Revocation. This notice tells you that you will not be able to legally drive (your license will be suspended or revoked) after 15 days. The notice includes a 15-day driving permit that you can get if the officer indicates this on the notice. The notice also includes a form that allows you to request a hearing.
After receipt of this notice you should immediately contact a DWI Defense Attorney so that he or she may request an administrative hearing on your behalf. While you are waiting for your hearing you will be able to continue driving until the results of the hearing a received. Your DWI Defense Attorney will be able to review your arrest and represent you at the hearing. There, you will have the right to subpoena the arresting and/or the breath testing officer and receive all evidence of the breath alcohol testing device that was utilized during the investigation leading to your DWI arrest. Please visit our Problems With Breath Results Page for examples of the problems that can exist with the State’s evidence in your case.
If you do not request an administrative hearing within 15 days of receipt of the Notice of Suspension/Revocation your driving privileges will be either suspended or revoked and will be final and unappealable.

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