My license was revoked for refusing to take a breathalyzer test, how can I get it reinstated or at least get a restricted one?
Question Details:
I already had a refusal hearing and am now waiting for a DWI trial date.
You are not eligible for any type of restricted license unless you have been convicted of an alocohol related offense. Your DWI attorney should have explained all this to you. Once you have either pled guilty to or been convicted of an alcohol related offense, DMV will notify you as to the process to follow to obtain a conditional license. If you are acqquitted at your DWI trial, you will not be eligible for any form of condiitional license. DMV should have notified you that, due to your refusal, your license has been revoked for at least one year. This is an administrative revocation from DMV and has nothing to do with your criminal DWI case. You will thne need to participate in the Driniking Driver Program offered by the DMV in order to get and keep the conditional license. However, you will not be able to get to this stage until there is a conviction on your DWI matter. You really should consult with your DWI attorney for further advice.
The Judge should have stated the length of the revocation. A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license.
If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP.
The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.
