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Second DUI witha refusal
- Thread starter japa
- Start date
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Alchohol_Free
Member
Suspension
I think in most states you have to serve a 1 yr suspension for a 2nd DUI before you're eligible to legally drive even with an interlock. Usually it's a mandatory sentence, and the judge doesn't have any discretion. Perhaps the laws in your state are different, but I doubt it.
It's a moot point anyway because you'll be serving 2 suspensions. The DMV suspension and the court ordered suspension. The DMV doesn't negotiate anything. With DUI, the states split the DMV and courts into 2 autonomous enitites. That way, there's an guaranteed license suspension even if you're aquitted of the crime in court.
Dui law is rigged to guarantee you can't legally drive for a specified time period and there's nothing you can do about it.
I think in most states you have to serve a 1 yr suspension for a 2nd DUI before you're eligible to legally drive even with an interlock. Usually it's a mandatory sentence, and the judge doesn't have any discretion. Perhaps the laws in your state are different, but I doubt it.
It's a moot point anyway because you'll be serving 2 suspensions. The DMV suspension and the court ordered suspension. The DMV doesn't negotiate anything. With DUI, the states split the DMV and courts into 2 autonomous enitites. That way, there's an guaranteed license suspension even if you're aquitted of the crime in court.
Dui law is rigged to guarantee you can't legally drive for a specified time period and there's nothing you can do about it.
Dont take this wrong but I hope not. 2 DUI convictions and 2 refusals seems to indicate a pattern. Hopefully the 2 years will give you some time to think about how important driving really is to you. Most likely your state law allows for a stiff fine for driving with a revoked license especially in cases of DUI. Probably some mandatory jail time and extended revocation time as well.
The suspension periods are set by statute, so there is little leeway. Your only option would be to contest the suspension for the refusal with PennDOT, and / or go to trial and hope to be found not guilty.
As someone else said, the two suspensions are two different issues, and even if you are found not guilty, the refusal suspension will stand (unless you win the PennDOT hearing).
Just FYI - Driving while your DL is suspended DUI related is a mandatory jail sentence and some big time fines.
As someone else said, the two suspensions are two different issues, and even if you are found not guilty, the refusal suspension will stand (unless you win the PennDOT hearing).
Just FYI - Driving while your DL is suspended DUI related is a mandatory jail sentence and some big time fines.
Second DUI with one refusal
My step daughter has made changes in her life. Has been attending her meetings and has not had a drink in over a year. But there seems to be no place for those who have turned their lives around. No exception to the manditory suspention. She is very willing to do the interlock because she is not drinking. She has all the proof with randum blood tests and her meeting records are very impressive. But still no help to allow her to drive???? She has already been with out her DL for one year and facing two more years seems to be to much!
My step daughter has made changes in her life. Has been attending her meetings and has not had a drink in over a year. But there seems to be no place for those who have turned their lives around. No exception to the manditory suspention. She is very willing to do the interlock because she is not drinking. She has all the proof with randum blood tests and her meeting records are very impressive. But still no help to allow her to drive???? She has already been with out her DL for one year and facing two more years seems to be to much!
BelizeBreeze
Senior Member
Well, isn't that special. She would be willing to decide her own punishment.japa said:My step daughter has made changes in her life. Has been attending her meetings and has not had a drink in over a year. But there seems to be no place for those who have turned their lives around. No exception to the manditory suspention. She is very willing to do the interlock because she is not drinking. She has all the proof with randum blood tests and her meeting records are very impressive. But still no help to allow her to drive???? She has already been with out her DL for one year and facing two more years seems to be to much!
And aren't you the perfect mother? I wonder if you would feel the same way if a drunk driver had killed your little angel?
Your daughter doesn't get to decide her own punishment. She's a criminal. PERIOD!
fatherlessInWV
Junior Member
what's the hurry?
--should have thought of that before dui #2--
japa said:What is the name of your state?What is the name of your state?PA
With a second DUI and a refusal to take a breathalizer Facing suspension of license until 2007. Is there a way to get this shortened or an interlock device that will allow driving to be restorred?
--should have thought of that before dui #2--
minerzlegal
Member
You might Try
Some States will issue a work permit providing there is reason for one such as a job, and no way for that person to get back and forth to there job. But this often causes more trouble than it is worth as people get to thinking that anywhere they need to go is a reason to drive and figure if they tell the officer that it is work related all is forgiven, and they will be off the hook. Oft times the offender gets in deeper with a work permit. and find themselves with not only a longer period of time without the license, but jail time on top. It may be time for your step-daughter to go back to basics and ride a bicycle. It may instill the need to be sober when she is behind the wheel. Although I have seen DUI's issued for non-motorized offenses.
Some States will issue a work permit providing there is reason for one such as a job, and no way for that person to get back and forth to there job. But this often causes more trouble than it is worth as people get to thinking that anywhere they need to go is a reason to drive and figure if they tell the officer that it is work related all is forgiven, and they will be off the hook. Oft times the offender gets in deeper with a work permit. and find themselves with not only a longer period of time without the license, but jail time on top. It may be time for your step-daughter to go back to basics and ride a bicycle. It may instill the need to be sober when she is behind the wheel. Although I have seen DUI's issued for non-motorized offenses.