Drivers License Revocation
All persons charged with DWI who refuse to take an Intoxilyzer test or has results of 0.08 or more, 0.04 if commercial motor vehicle, or under age 21 and the results are above 0.00, will have their license revoked immediately for 30 days.
There is a limited driving privilege available after 10 days. Upon conviction of DWI for first offense, the license is revoked for one year. A limited driving privilege may be granted by the judge, but only if the driver did not hurt anyone, did not have a child under sixteen years of age in the car at the time of the drunk driving, and the driver obtains a substance abuse assessment.
In order to have a license restored at the end of one year, the driver must go to treatment or school as recommended by the assessment. Upon conviction of a second offense within three years, the revocation is four years.
Refusing a Test
A driver who is stopped by a trooper or other officer for certain alcohol-related offenses will be requested to submit to a breath test or blood test or both to determine alcohol concentration or the presence of drugs in the blood. The results of the test will be used in court.
If the driver refuses the test, an immediate 30-day revocation is imposed and an additional one-year revocation is imposed after an opportunity for a hearing. Even if the driver is found not guilty of DWI in court, the one-year revocation is imposed for refusing the test. A limited driving privilege may be granted but only after a six-month revocation period.
Law officers can order chemical tests for drugs, and if refused, the person's driver's license can be revoked.