License Suspension

October 14th, 2006

You face two separate suspensions of your driver’s license.

The first is the Administrative Suspension, and the second is the suspension you will receive if you are convicted of DUI. Both suspensions are discussed below.

Administrative Suspensions

After you bond out of jail, you must act immediately to save your driver’s license. The officer and Department of Driver Services (DDS) will suspend your driver’s license immediately under the following circumstances:

If you refuse to take the State’s breath, blood, or urine test.
If you are 21years old or older and your alcohol level exceeds 08% on breath test.
If you are under 21 years old and your alcohol level exceeds 02% on the breath test.
If you are driving a commercial vehicle and your alcohol level exceeds .04% on the breath test.

10 day rule

This suspension is known as the Administrative License Suspension (ALS). You must act quickly to save your driver’s license. You only have ten business days to appeal to this suspension. We have successfully handled hundreds of administrative appeals. We tailor our appeal letter to your particular circumstance; our appeal letter is comprehensive, complete, and it asserts all the factual and legal defenses to your administrative suspension.

Our appeal letter stays the administrative suspension, and you may continue driving until you receive a hearing from the Office of State Administrative Hearings (OSAH). Approximately thirty days after DDS receives our appeal letter, OSAH will schedule an administrative hearing. After this hearing, the administrative judge will decide whether to suspend your license.

The administrative hearing is a good opportunity for us to cross-examine the officer regarding the factual and legal issues in your case. The officer is not represented by an attorney/prosecutor in these hearings (with the exception of State Patrol cases). As a result, we can reveal many technical flaws in the officer’s procedures. These flaws may be used against him in the criminal case to support our argument to exclude evidence, obtain a dismissal of the criminal case, or to persuade the prosecutor to offer a reduction in the charge. We can also use the subpoena power of the Court to force the officer to bring evidence such as videos and training records to these hearings.

Suspensions you will face if you are convicted of DUI

Click here if this is your first DUI in five years.

Click here if this is your second DUI in five years.

Click here is this is your third DUI in five years.

License Suspension

If 21 or over and convicted of DUI:

One year suspension of your driver’s license.
You are eligible to apply for a work permit immediately. After 120 days on the wok permit, you may apply for early reinstatement by paying a $210 reinstatement fee and providing proof that you attended DUI school.

If under 21 and convicted of DUI:

BAC is above .08% = 12 month suspension.
BAC is below .08% = 6 month suspension.
No work permit is available if you are under 21 at the time of your conviction.

If convicted of DUI Drugs or DUI Alcohol & Drugs:

Your license will be suspended for six months (no work permit available).
After six months, you may reinstate by attending DUI school and paying a $210 reinstatement fee.

Administrative Suspension:

If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If this suspension is upheld on a refusal case, your license will be suspended for 12 months without a work permit. The only way to get your license back early is to win your criminal case. If you registered greater than .08%, your license will be suspended for 30 days (work permit available).

License Suspension

If over 21:

Three year license suspension. A work permit is not available for the first 12 months. After twelve months you may apply for a work permit by paying a $25 fee and proving that: 1) you have taken DUI school; 2) you have undergone a clinical alcohol/drug evaluation approved by DDS; 3) you are enrolled in or you completed a DDS approved 17-week treatment program; and 4) you have installed an ignition interlock device on any vehicle you own or operate.

After a total of 18 months you may apply for early reinstatement by proving that you completed the 17-week alcohol treatment as described above and that you successfully maintained the ignition interlock device on your vehicle. A $210 reinstatement fee is required.

If under 21:

License will be suspended for three years. You are not eligible for a work permit. However, you may apply for early reinstatement after 18 months by complying with the terms in the two paragraphs above.

Second Administrative Suspension in Five Years:

If you were not administratively suspended on your first DUI, please see the “first in five suspension” page for details on your administrative suspension. If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If a second administrative suspension is upheld, your license will be suspended for 18 months, and you may obtain a work-permit and reinstate your license as described above. If you win your criminal case while suffering an administrative license suspension, the suspension is deleted from your record and your license is reinstated.

License Suspension

**You will be declared an Habitual Violator-
It will be a felony to drive prior to obtaining your work permit, or reinstating your license.**

If over 21:

Five year license revocation. A work permit is not available until after two years. After two years you may apply for a work permit by paying a $210 fee and provided that: 1) you have taken DUI school; 2) you have not been convicted (or pleaded nolo contendere) to a drug or alcohol offense; 3) you submit a sworn affidavit that you do not excessively use alcohol or use illegal drugs; 4) the lack of a work permit would cause an “extreme hardship;” 5) you have undergone a clinical alcohol/drug evaluation approved by DDS; 6) you are enrolled in or you completed a DDS approved 17-week treatment program; and 7) you have installed an ignition interlock device on any vehicle you own or operate.

After a total of 30 months you may apply for early reinstatement by proving that you completed the 17-week alcohol treatment as described above and that you successfully maintained the ignition interlock device on your vehicle. A $210 reinstatement fee is required.

If under 21:

License will be revoked for five years. You are not eligible for a work permit. However, you may apply for early reinstatement after 30 months by complying with the terms in the two paragraphs above.

Third Administrative Suspension in Five Years:

If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If a third administrative suspension is upheld, your license will be suspended for five years. You may apply for a work permit after two years and compliance with the terms and conditions above. If you win your criminal case while suffering an administrative license suspension, the suspension is deleted from your record and your license is reinstated.