How long will a person's license be suspended? Hopefully not at all but it really depends upon the peculiar facts and circumstances of each specific case. When an individual is asked to submit to chemical testing in an operating while intoxicated investigation, their refusal or test results will dictate whether a license suspension proceeding is instituted by the department of transportation. If the suspension is upheld by the department of transportation, the length of the suspension will be determined based upon two things, one is that the individual consented to and failed a test or that the individual refuse to take the test.
The second determining factor is whether or not the individual has had their license suspended previously while operating while intoxicated. On a first offense operating while intoxicated if the person took the test and failed, blew over 0.08, it's a six-month license suspension. If they refuse to take chemical testing, it's a one-year license suspension. If they've had a prior suspension for operating while intoxicated within the past 12 years, those suspension times double. On a test failure, they're looking at a one-year license suspension, on a refusal, they're looking at a two-year license suspension.
This is a very critical situation that has to be taken seriously by the individual accused of the offense, it requires immediate detention, it requires an aggressive relentless defense.
