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FREQUENTLY ASKED QUESTIONS ABOUT DUI IN Columbia
REFUSING THE TEST If a police officer reads the Columbia Implied Consent Warning to you, you are may either take or refuse the State test. Should you refuse to take a test, your license can be suspended for up to one year without any work permit. The only way to get your license back is to win your DUI case in court or have the case reduced to a non-DUI charge. If you did not send a letter within 10 days of arrest, your license will be suspended. Your license will be suspended for the same period of time if you request a hearing in a timely manner but lose at the administrative hearing. Note, if you are a commercial trucker, the limited permit is NOT valid for a commercial vehicle. If you receive an administrative suspension for a “per se” violation, the time should be credited against any suspension that is imposed because you plead guilty or are found guilty.
FIELD SOBRIETY TESTS FOR DUI IN Columbia In most DUI cases, an officer will ask you to perform three tests - the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. These are the tests that the officer has been trained to administer. The officer will usually write down his observations in a police report. All to often his or her observations will differ from what really took place. Hopefully, there is a videotape that will disprove the officer’s testimony that "The driver could not keep his foot up" , or the tape may reveal that the driver was not quite as unsteady as the officer said. Most officers will exaggerate the driver’s performance on the field tests in order to obtain a conviction. However, effective cross-examination with or without a video usually reveal all the things you did right during the field sobriety tests - things the officer will seldom volunteer.
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