What Happens If I Fail The Breath Test?

If your test result is .08 or more, you will be issued a citation for DUI, your driver’s license will be taken and you will be issued a 15-day temporary license. You then face a choice.

  1. If you want an ALR hearing, you must file the Petition for the hearing within ten days of your arrest. If you lose the ALR hearing, which happens frequentlyyou cannot drive for six months, or until a judge, at your sentencing hearing, orders you to apply for the ignition interlock permit (IIP).
  2. You can waive the ALR hearing by immediately applying for an IIP from the Department of Motor Vehicles (DMV). The permit will allow you to drive immediately following the expiration of the 15-day temporary license, for the duration of the six-month ALR revocation.
  3. If you do nothing (do not file the ALR petition and do not apply for the IIP permit), your driver’s license will be revoked for six months and you will not be allowed to drive until a judge, at the sentencing hearing, orders you to apply for the ignition interlock permit (IIP).