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At What Point Do You Get Your License Taken Away When Booked for a DUI?
If you have ever been arrested for a DUI, you are probably aware that one of the penalties is having your license suspended. The amount of time that your driving privileges will be revoked depends on your number of DUI offenses and your willingness to submit to a blood alcohol test. Many people are confused about when their license will be revoked, making the process even more stressful.
If you have been arrested or charged for driving under the influence, you need the assistance of our skilled Tennessee DUI lawyer.
If You Refuse Testing, Have a Failed Test, or Show Signs of Impairment
In Tennessee, it is unlawful to operate a motor vehicle if your blood alcohol level is 0.08% or greater. If you refuse to take a breath or blood test or if you have a failed test, then a police officer is allowed to take away your license right away. This is known as an “on-the-spot” suspension.
Even if you take a blood chemistry test or breathalyzer and pass, if you are showing signs of impairment, the officer is allowed to confiscate your license. Even at 0.05%, a motorist will show signs of impairment, with difficulty steering and tracking moving objects. A police officer will conduct a field sobriety test to confirm a motorist’s level of impairment.
Length of License Suspension
The amount of time your license will be suspended will be based upon your number of DUI offenses:
- First DUI offense: one-year suspension
- Second DUI offense: two-year suspension
- Third DUI offense: six-year suspension
- Fourth and subsequent DUI offense: eight-year suspension
Restricted License
Even if your driving privileges are suspended, you do have the option to get a restricted license. Once you have been convicted of a DUI, you can request a restricted license. To get a restricted license, you must demonstrate how not being able to drive creates a hardship for you.
Once you have a restricted license, you will only be allowed to drive to essential places. This would include transporting your kids to school, going to work, attending an alcohol treatment program, and seeking medical care.
Installing an Ignition Interlock Device
Once you are convicted of a DUI, a judge will sign an Order for Restricted License. You only have ten days from the order being issued to get an ignition interlock device installed in your vehicle. Even if you are a first-time offender, you will be required to install an ignition interlock device in your vehicle.
An ignition interlock device (IID) attaches to your car’s engine. In order to start your vehicle, you will need to breathe into the device. If your blood alcohol level registers at 0.02% or higher, then your vehicle will not start.
If you are a first-time offender, and you install an IID, you can reinstate your driving privileges after 45 days. However, you will need to have the IID installed on your vehicle for six months after your license suspension expires. Additionally, you will need to attend a licensed Tennessee DUI school.
Speak with Our Tennessee DUI Defense Lawyer Now
Motorists often do not realize their level of impairment when getting behind the wheel. A DUI arrest can be confusing, making you wonder how your future may be impacted by one simple mistake.
If you have been arrested for a DUI, our Tennessee DUI lawyer is ready to assist you. To learn more or to arrange your initial consultation, contact The Law Offices of Joshua T. Crain online or by calling (615) 619-1783.