Driver’s License Penalties After a Second Offense DUI in Somerset
Overall, if a person is convicted and it is their second DUI, they can anticipate that the MVA is going to suspend their driving privilege. With that said, if a person’s privilege to drive is suspended because of a Breathalyzer test and it is their second offense, the period of suspension will lengthen even more. If the person refused to take a breath test, and they had previously refused to take a breath test, then their period of suspension is going to jump from 270 days to one year. The same thing is true based on a breath test result. A person’s privilege to drive could be suspended for a very long time if it is based on the Breathalyzer and if they have a prior DUI conviction.
Challenging a License Suspension
The ability to challenge the suspension of a license depends on the basis for the suspension. If the basis for the suspension has to do with choosing to take a Breathalyzer, then a challenge to the suspension can be made. There could be a challenge raised whether or not the officer had reasonable grounds to ask the person to take a Breathalyzer. The suspension of a license could also be challenged based on whether or not the test was executed correctly, or whether there was some defect with the Breathalyzer machine.
If somebody has multiple DUI charges, the MVA may allow them to have an interlock device in their car. There are some benefits if a person has ignition interlock in their car. They will be able to drive, and they are able to drive anywhere with no restrictions. The only way they are going to be able to operate their car is if interlock device is in it, and if it is properly working. Also, they have to successfully give alcohol-free breath samples to the device. Getting the interlock device on the car can be a huge annoyance to the driver, but it may be a necessary annoyance as they are otherwise not going to be able to drive.
If a person is driving with an ignition interlock in their vehicle, they are going to have to provide a breath sample before the car will even start. Then, they are going to have to provide subsequent breath samples. If the machine detects any alcohol, the device provider will give a report to the MVA. This may cause the MVA to extend the period of time the person has to have the interlock device in their car.
Depending on how many positive alerts the MVA receives, they can eventually send notice to the driver stating they are not going to let them continue to have the interlock in their car, they are going to be suspended with a complete suspension and cannot drive, and the person can then request a hearing on that matter. At that point, the penalty can be very severe. If the MVA finds a reason to do so, they will take away the person’s privilege to drive under any circumstances.