Daniel Hynes

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ALS Hearings

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When a person is arrested for DWI, penalties come not only from the courts, but also from the Dept. of Safety.  The Dept. of Safety has the authority to suspend a person’s driver’s license if he/she; refuses to submit to a physical, blood, urine, or blood test as requested by a law enforcement officer; or, submits to a test which discloses an alcohol concentration of .08 or more; or, is under the age of 21 and submits to a test which discloses an alcohol concentration of .02 or more. This suspension may be in addition to any court imposed suspension.  The license loss is 6 months for a first offense, or 2 years for a second refusal/test over or a previous DWI conviction.

 The Dept. of Safety has also been given the authority to require the installation of an Ignition Interlock Device in order to restore your driving privileges.   The interlock device can be required for a minimum of one year, up to two years. This again is on top of any requirements imposed by the courts.  Like in a court hearing, you have the right to be represented by an attorney in an administrative hearing before the Dept. of Safety.  There is a lot more at stake than you might realize, and only an experienced DWI Lawyer will be able to guide you through the process and achieve the best possible outcome.

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Guest Thursday, 28 March 2024