Stopped
For DWI? Know Your Rights
Editorial, Bennington Banner
Thursday,
May 25 You've been out to a holiday party and consumed
several beers. Perhaps you've just had dinner at your
favorite restaurant and had a few glasses of wine.
During your drive home, you cross the center line or go
too fast, or maybe your tail light is out. Suddenly you
see blue flashing lights in your rear view mirror.
Nervously, you pull over and wait as the police officer
slowly walks up to your window. You're asked if you've
been drinking. What should (and shouldn't) you do? 1)
You must get out of your car if ordered to do so.
2) You
are not required to perform any of the roadside balance
tests. How you perform on these exercises is used, in
part, to decide whether you should be arrested for D.W.I.
You're probably being videotaped during this time also.
3) You
are not required to undergo a roadside breath test, also
known as a P.B.T. There is no penalty for refusing. If
you do "blow" and your result is .08 percent or higher,
you can be arrested for D.W.I. If your result is below
.08 percent, you can still be arrested, but you will not
be subject to an automatic license suspension.
Regardless of whether you undergo the test, the officer
still has the right to later ask you to provide a breath
sample in the police station, the results of which can
be used to prosecute you for D.W.I.
4) If you
are arrested and brought to the police station, realize
that anything you say can (and will) be used against
you. Above all, ask to speak to an attorney, who must be
made available to you for a private telephone
conversation before you are asked to decide whether to
give a breath sample.
5) There
is no hard and fast rule whether you must take the
breath test at the police station. You must decide
within 30 minutes after being asked whether to give a
breath (or blood) sample. Vermont law imposes a minimum
90-day suspension of your license if your breath or
blood test result is .08 percent or higher, as well as
stiff fines and other penalties. Should you refuse the
test, you face a six-month license suspension, and your
refusal can be used against you to prove that you knew
you were under the influence of alcohol.
6) If the
officer gives you a notice of intention to suspend your
license, you must fill out the back of the notice and
mail it to Vermont Department of Motor Vehicles within
seven days. Be sure to keep a copy, as it is your
temporary license. Sending in the request for a hearing
will allow you to continue to drive until the court
holds a civil hearing and decides the state's request to
suspend your license. This is a separate proceeding from
the criminal offense of D.W.I., even though both the
civil and criminal actions carry identical license
suspension periods and reinstatement requirements,
including financial responsibility auto insurance,
completing Project CRASH, screening by an approved
alcohol counselor and paying all fees and surcharges.
7) If you
don't send in your request for a civil suspension
hearing within seven days of receiving the notice, you
lose your right to a hearing, and you'll go under
suspension 11 days from the date of the notice. Also, if
this is your second D.W.I., you'll automatically be
suspended within 11 days even if you request a hearing,
and the state could also seek to have your vehicle
immobilized, or even taken away if it is your third
offense. However, sending in the hearing request will at
least give you a chance to try to get your license back.
The best
advice? Don't drink alcohol and then get behind the
wheel.
Bradley
D. Myerson is a lawyer practicing in Manchester.
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