Someone can lose their driver’s license following a West Palm Beach third offense DUI prior to conviction. If, during an arrest, someone takes a breath test and fails it, their license can be suspended for a year if that person has a prior offense.
If a person previously lost their license for failing a breath test, if a person refuses to take a breath test, it will be either one year or 18 months, depending upon whether or not the person previously refused to take a breath test.
If the person has refused to take a breath test two or more times in the past, they may be considered for a separate crime of a misdemeanor by refusing to take a breath test. If this occurs, prior to being convicted in court, the individual could lose their license. It may be critical to speak with a third-offense DUI attorney about trying to defend all the penalties against them.
Classifying the Commonality of Refusal Charges
There are plenty of people that refuse to take a breath test and they may do so because they do not want to let the government know or give up the information of how much alcohol they had. Refusing to take a breath test can deny the state evidence of the person’s impairment. That refusing to give a breath test may lead to a lack of evidence to prove that the person is impaired.
Following a Third Offense Drunk Driving Charge
The treatment of a license following a West Palm Beach third offense DUI is the same administrative process for a first offense. If a person took a breath test post-arrest or refuses to take a breath test, law enforcement is going to suspend the driving privileges right away whether it is a first, second, or third arrest.
The same procedures apply under the first, second, or third arrest, the person has the right to challenge it even if the person has a suspension with the Department of Motor vehicles and that right never goes away, that is a due process right afforded to them by the US and FL Constitution and the Courts of the State.
It says the government cannot do anything to them or take anything away from them without first giving notice and an opportunity to be heard and telling them that they want to do something. Whether it is a first, second, or third offense, the person has the same right to challenge the suspension after an arrest on a third offense as a person does on a first offense.
Challenging a Suspension on the Third Offense
There are no differences after a third arrest to challenge any administrative suspension. The only differences are the penalties and whether or not a person gets a hardship license. The procedure is the same; the person has ten days from the date of the person’s arrest to challenge the administrative suspension of the person’s license or taking the breath test and failing it or refusing to take a breath test and the same procedures apply.
The question is whether or not the person would get a hardship license if that suspension is sustained or not because of the person’s record. But the process is the same to challenge a license suspension after a third offense DUI charge.
Understanding Intoxicated Driving Acquittal
If someone has already been suspended for an administrative reason, otherwise failing a breath test or refusing to take a breath test, the acquittal would not have any effect on someone’s license following a West Palm Beach third offense DUI. A subsequent acquittal would have no effect on their previous administrative suspension for either failing a breath test or refusing to take a breath test.
In cases where the individual refuses to take the breath test, a DUI offense cannot be proven. However, the individual may still lose their license following a West Palm Beach third offense DUI due to that refusal.