Drunk driving is one of the most popular violations to avoid, and yet one of the hardest to do. There are many times when drinking is unavoidable, especially when there are occasions. Sometimes, one has one too many drinks and drive home. While alcohol can sometimes be inevitable, Driving While Intoxicated (DWI) is. The law strongly advises individuals to prevent themselves from driving after drinking to avoid accidents. Visit r&a maryland accident if you got involved in a car crash in Maryland.
There are many options you can choose from. You can always ask a companion who is not intoxicated to drive you home. Also, you can still hitch a ride too from your buddies. Or the easiest way to go is to take a cab. These simple avoidance acts can help you save yourself from a lot of trouble.
When you are caught drunk driving and get charged with DWI, many penalties come with it. It could stress you a lot and cause you trouble. One of the most common penalties is the Administrative License Revocation. Although you might not be familiar with it since it comes separately from DWI charges, however, it is also good to learn as much as you can about it.
However, there are also some minors for DWI. There are processes like the ALR program. An ALR hearing is an administrative process that is not considered to be related to any criminal court proceedings.
What is ALR?
Administrative License Revocation, better known as ALR is a program that is considered as a civil, bureaucratic process. This program is for drivers and individuals who were caught Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) and refused to take a breath or blood test. It is also applicable to those who failed those mentioned tests. These drivers and operators who failed or refused after a DWI or BWI arrest may have their license suspended. The range of suspension is from 90 days up to 2 years. When you fail the test, or you refuse to take it, you will also get a one-year disqualification for those who possess a commercial drivers’ license.
It is the request of law enforcers to have your license suspended. When you receive a notice of suspension, there are two ways you can do. The first one is to accept the verdict and let the suspension pass. On the other hand, you can request a hearing to try and stop the suspension through a trial. If you are to request an interview, you must do it within 15 days from the time you received the notice. Once it has been accepted, you need to wait for a maximum of 120 days before the hearing will take place. You will also receive a letter containing all details relating to the trial.
What is the Basis for ALR?
There are two bases for an ALR request. The first one is when you are stopped for possible drunk driving by an officer. When that happens, he will request you take a field sobriety test. The test can either be through your breath or your blood. Either way, your Blood Alcohol Concentration (BAC) should not exceed the limit of 0.08 percent. Refusal to submit for a test is a ground for the request for ALR. The second ground is when you provide for the sobriety test, and you fail. Once your license is revoked, it could remain like that for a minimum of 90 days up to 2 years.
Why is an ALR Hearing Important?
An ALR hearing is crucial since it is your only chance of pleading your innocence and for your license not to get revoked. The ALR judge will review your request thoroughly to see if he can guarantee you. On the other hand, the officers will also argue as to why they deem your license needs to get revoked. Whichever sides’ evidence will weigh more wins the case. So better, make sure you are prepared before going to court. If you need any assistance relating to ALRor how to defend yourself and get your license back, you should consult a defense lawyer.
What is the Process for DWI?
As long as a police officer thinks you might be drunk driving, he has the right to request for a field sobriety test. You need to comply with these tests; otherwise, you can get arrested on the spot. If you have never experienced it before, know that there is a specific process followed. The first step is for the suspected driver to take either a blood test or a breath test to find out his Blood Alcohol Concentration (BAC) level. The legal limit is 0.08 and below. When you fail, or you refuse, you will receive a notice of suspension for your driver’s license. Upon receipt, you have 15 days to request a hearing. If you choose not to ask for an interview, then your suspension will take into effect on the 40th day when the notice was served. An officer will then accompany your license, and you will get issues with a temporary driving permit. Once over, you need to pay a reinstallment fee of $125 before you can renew or you get issued a driver’s license.
The purpose of requesting an ALR hearing is to contest the notice of suspension for your license. Once they have receipt your request for hearing, you will receive the details for your interview. The features will include the date, time as well as the location of the hearing. It often takes up to 120 days for the trial to get scheduled. If your request goes beyond the given time of 15 days, it will get denied, and you will receive a notice of denial. During the hearing, an AL judge will review the case including all evidence presented.
Therefore, the laws and penalties for drunk driving are stringent. Its scope is also wide and varied to make sure that it covers everything. When it comes to Driving While Intoxicated (DWI), there are many drivers, even good ones who make a mistake. Getting caught for DWI is just the beginning of a string of problems. It gets worse when your drunk driving caused trouble either by damaging properties or when you hurt or kill someone.
CONTRIBUTOR CREDITSMr. Bruce Robinson leads the firm of Robinson and Associates, which he opened over 25 years ago. Following his years of litigation in personal injury, murder, and automobile accidents, he also focuses on serving individuals who have been charged with alcohol-related offenses such as DWI and DUI’s. His firm additionally specializes in representation for personal injury, primarily for serious motor vehicle accident cases. Mr. Bruce Robinson, https://marylandaccident.com/bruce-robinson/