This was his first DUI; he refused the breath test. Is the suspension for driving anywhere or just the state where it happened.
2007-05-07 12:29:08 · 11 answers · asked by Wanda L 1 in Politics & Government ➔ Law Enforcement & Police
There is now a NATIONAL drivers database. So, the bad news for your friend is it is suspended everywhere. Not taking a Breathalyzer is an automatic suspension and considered an admission of guilt in several states and can't really be appealed.
Good news for everyone else...maybe this guy will stay off the roads!!!
2007-05-07 12:33:14 · answer #1 · answered by Helper 4 · 1⤊ 0⤋
You friend can always appeal as long as there is a legal basis for such an appeal.
Usually an appeal is only allowed if there was an error in the original trial. If the judge made a mistake that could have affected the verdict then that is the grounds for appeal. It has been made law that you can refuse the blood test, but it has also been made into law that you cannot refuse the breath test. If you do then you are in the eyes of the law drunk, because there is no other reason to refuse to take the test. By that act alone your friend admitted that he was driving drunk so there are no grounds for appeal. The only place that your friend could appeal would be in the same jurisdiction where the trial was held. That means he has to go to the same state, and the same county.
Driving drunk is a felony, which means it carries the same charges and the sentence is honored in all 50 states. Therefore you friend cannot drive for 6 months no matter where he lives in the US. His record might not be on the local police's network, but if a federal check is made then that arrest will come up and he can do some jail time. If your friend does anything that puts him in jail over night then that check will be made and he will be in deep trouble.
There are ways to reduce or change the sentence. They start with your friend making a firm commitment to stop drinking. Joining AA is the best way to do that. Then there are breathalyzers that can be incorporated in the ignition of your friend's car. He won't be able to start the car without taking and passing a breath test. These compromises will have to be made with the judge that applied the 6-month suspension.
Otherwise your friend has to serve the sentence and if he drives during that time then he has committed a felony and will be sent to jail. It is possible to get that jail sentence appealed, or to be put on parole, but your friend can expect to face at least one year without the use of his car.
2007-05-07 12:44:14 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
I don't know what the laws are.. but my thought on it is.. if he was driving under the influence ... he should have his license suspended. If he refused the breath test, then he had something to hide surely.. because if he was innocent, he could have proven he was and he would have been cleared.
Whether it was his first DUI or not.. he should absolutely get the license suspended.. Someone should not get a 'second chance' to do something that stupid where they could end up killing people!
As for the license suspension, my guess would be that it is the license itself that is suspended, so that would make it illegal for him to drive anywhere because he wouldn't have a license to do so. Whatever state you're driving in, you still have to have a valid license from the state you're from... and if it's suspended.. he shouldn't be able to drive anywhere.
My thoughts might sound harsh, but he broke the law.. so he has to live with the consequences.
2007-05-07 12:35:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Majority of states are "sister states", meaning that your priviledges and ability to obtain a license is basically connected to each of those states. So he may want to call his home state and find out for certain.
To "appeal" he needs to have a reason. What he could have done is plea to a lesser offense, like reckless driving since this was his first time, but he will still have to go through all the cost and courses associated with a DUI.
2007-05-07 12:45:09 · answer #4 · answered by mario d 2 · 0⤊ 0⤋
Everywhere. All States are required to respect and enforce the laws of other States. Remember the last Gay Marriage controversy? If you don't (which means you live in a shoe box) it will be back.
He'd better not drive - just live out the 6 months - or engage in many of the programs offered that will shorten the time.
2007-05-07 12:36:18 · answer #5 · answered by 34th B.G. - USAAF 7 · 0⤊ 0⤋
The suspension is for everywhere since he is only authorized to drive using his license from his home state. Your drivers license entitles you to drive anywhere, so when it is suspended it takes away your ability to drive legally everywhere. That is unless there were improper procedures used by the arresting officer. Those are difficult to prove. You will have to check your own states statutes as all are different.
2007-05-07 12:40:50 · answer #6 · answered by scott g 1 · 0⤊ 0⤋
Gee, it's probably because we are the United States. We are 1 country but each state issues it's own liscence. If you loose your driving priveledges in 1 state then why on Earth should you be allowed to have them in another? Driving priveledges are taken away for good reason- TO PUNISH bad drivers, drunk drivers, etc.
2016-05-17 22:23:21 · answer #7 · answered by ? 3 · 0⤊ 0⤋
There is NO excuse for driving under the influence. If your "friend" can afford the alcohol then your "friend" can afford a cab. How many people does your "friend" have to kill before this simple message HEY ASSHOLE DON'T DRINK AND DRIVE sinks in. Just because this is the first DUI your "friend" has received does not mean it is the first time your "friend" has driven drunk it only means it's the first time they got caught. Your "friends" license is suspended nationwide and no your 'friend" can not appeal.
2007-05-07 13:05:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no he cant appeal ... and refusing the test still convicts him of a DUI. it applies to the entire nation ... Driving Under the Influence is the same no matter where you live.
honestly ... what could your friend possibly say to reverse the charge? " .... ahhhhh, Judge Sir ... your Honor, mmmmm... i know i was driving completely hammered and like, yea i refused to blow because i thought if i didnt they'd have no idea i was drinking .... but then i was arrested and taken by surprise ... i mean... c'mon Judge! they cant arrest me for that.. thats not fair! soooo.... like i'm here to say i'm sorry for the misunderstanding i'll just go about my business. thanks... i really appreciate it!"
2007-05-07 12:40:27 · answer #9 · answered by Standing in Line 3 · 0⤊ 0⤋
This would show up in any state you go to. Has your friend applied for a restricted license that permits you to go back and forth to work?
2007-05-07 12:37:02 · answer #10 · answered by Zoe 3 · 0⤊ 0⤋