Breath Test Refusal Can I get a Conditional License?
The availability of a conditional license for a one year revocation of your driver’s license due to a refusal to take a breathalyzer test can be considered a cruel joke. It could even be considered coercion by the State to get you to plead guilty to an alcohol related driving offense. Since the laws and regulations have become extremely complex, proceeding without an experienced attorney is ill advised.
With that said, if your license is revoked because of a breath test refusal you are not entitled and will not receive a conditional license. The revocation is complete and total and, prohibits you from driving at all. However, if you are later convicted of an alcohol related driving offense and, you are eligible for and receive a conditional license, then in most circumstances, your conditional license will apply to the revocation. And, in that one circumstance you would be able to obtain a conditional license for your revocation based upon your breath test refusal.
But, if you win your DWI or DWAI case, you will not be eligible for a conditional license and it will remain revoked. This is a serious problem with the law and, entraps a number of people that will elect to take a conviction (where they otherwise would not) by pleading guilty just to ensure that they can drive to work. And many, many people have faced the problem of having a winnable DWI or DWAI case but, elect to plead guilty because, they need to be able to drive to work or school. This is wrong.
It is for these reasons that you simply must have an experienced DWI lawyer representing you that knows the intricacies of the law and regulations.