Suspension of your Driver's License
When you are arrested for a DUI, a police officer generally will take your license
and hand you a pink sheet (a DC-27 form) that notifies you of an administrative
suspension of your license.
You have 14 calendar days from your arrest to request an administrative hearing
if you want to challenge the suspension of your license. Even if you are found notguilty
of DUI, your license will still be suspended unless you request an administrative
hearing and prevail. You should meet with a DUI Defense Team attorney before the 14
days are up so that you can decide whether to request a hearing. If you do not, you lose
the opportunity to challenge the suspension of your license.
How long your license is suspended depends on whether you failed or refused a
test, and whether you are over or under 21 years old. The suspension periods are as
follows:
TEST FAILURE - BAC below .15
- 30 days suspended / 180 days restricted with an ignition interlock device (1st occurrence).
- 30 days suspended/1 year restriction with ignition interlock if you have a previous conviction of DWS, MIP, open container, driving without insurance, registration violation, or any prior license suspension.
- 1 year suspension / 1 year restriction with interlock device (2nd occurrence)
- 1 year suspension/ 2 year restriction with interlock device (3rd occurrence)
- 1 year suspension/ 3 year restriction with interlock device (4th occurrence)
- 1 year suspension/10 year restriction with interlock device (5th occurrence)
TEST FAILURE - BAC above .15
- 1 year suspension, plus 1 year restriction with ignition interlock device (1st occurrence)
- 1 year suspension, plus 2 years restriction with interlock device (2nd occurrence)
- 1 year suspension, plus 3 years restriction with interlock device (3rd occurrence)
- 1 year suspension, plus 4 years restriction with interlock device (4th occurrence)
- 1 year suspension, plus 10 years restriction with interlock device (5th occurrence)
TEST REFUSAL or conviction - Driver under 21
- if BAC is below .15, 1 year suspension (first occurrence)
- if BAC is .15 or higher, 1 year suspension, plus one year restriction with ignition interlock device (first occurrence)
- 2 year suspension (2nd occurrence)
- 3 year suspension (3rd occurrence)
- 10 year suspension (4th occurrence)
- Permanent revocation (5th occurrence)
TEST REFUSAL or conviction
- 1 year suspension, plus 1 year restriction with ignition interlock device (1st occurrence)
- 1 year suspension, plus 2 year restriction with an interlock device (2nd occurrence)
- 1 year suspension, plus 3 year restriction with an interlock device (3rd occurrence)
- 1 year suspension, plus 4 year restriction with an interlock device (4th occurrence)
- 1 year suspension, plus 10 year restriction with an interlock device (5th occurrence)
Special Relief if Suspended for 1 Year
- If you are suspended for a 1 year period after serving 45 days of the suspension
you may petition the drivers control division to restrict your driving privileges to
driving with an interlock device to finish out your suspension. The interlock device for
the remainder of the 1 year period will be restricted to driving to and from work, or an
alcohol treatment program. Your request will be approved unless your license has been
suspended or revoked through another court or administrative action.
- If you are convicted of violating the restrictions with your interlock there will
be an additional year added to your suspension.
Work Vehicles
- If you are restricted to driving a vehicle with an interlock device you may drive an employer's vehicle during normal business hours if you do not partly own or control the company or the vehicle.
Prior Administrative Suspensions
- If your license was suspended prior to July 1, 2011 you may make an
application to drivers control to ask that the new provisions apply to you. The cost of the
application will be $100. You will be granted application of the new law unless your
license is subject to suspension or revocation through another action of a court.
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