Walk It Through: After The Bar Closes
The stop, the video, the breath test advisement and the thirty day hearing request.
Blue lights come on after the driver leaves a bar, and the officer asks for field sobriety tests.
Two things a person in this spot might do. Picking one shows what the law says about it.
A first stop after drinking. Drugs other than alcohol, blood tests in a hospital, second offenses and the sentence on conviction are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Contested case hearingThe hearing on a suspension after a breath or blood test or a refusal, which a person has the right to request within thirty days of the notice of suspension.
- Implied consentThe consent a driver is considered to have given, by driving in the state, to tests of breath, blood or urine if arrested for an offense arising out of driving under the influence.
- Materially and appreciably impairedThe degree to which a person's faculties to drive must be impaired by alcohol, other drugs or both for driving to be the offense of driving under the influence.
- Unlawful alcohol concentrationDriving with an alcohol concentration of eight one-hundredths of one percent or more, an offense of its own.