DUI License Suspensions

Department of Driver Services (DDS) Administrative DUI License Suspension

The DDS Administrative Hearing is a separate proceeding from from your DUI criminal case. A police officer may seek to have an administrative suspension of your license if

• you refuse to take state administered chemical breath or blood test;
• have a BAC of 0.08 grams or greater for persons 21 and over;
• have a BAC of 0.04 grams or greater for persons operating a commercial vehicle; or
• have a BAC of 0.02 grams or greater for persons under the age of 21.

The Officer will serve you a “Notice of Intent to Suspend License” after your arrest. You have ten days to request an administrative hearing to contest this suspension; otherwise, your license suspension will begin 30 days after arrest. This suspension may be for up to one year. If a hearing is requested, this administrative hearing usually occurs before your criminal case is disposed of in Court. An experienced DUI attorney can save your license from this suspension.

Mandatory DUI License Suspension

If your criminal case results in a DUI conviction, the following suspensions may occur:

• First DUI Conviction within 5 year period:
If you are convicted of your first DUI within a 5 year period, your license will be suspended for a period of 12 months. However, you may be eligible for a Limited Work Permit for a period of 120 days. At the end of 120 days, you can apply for reinstatement of your driver’s license after showing proof of completion of DUI Risk Reduction School and paying the license reinstatement fee.

• Second Conviction within 5 year period:
If you are convicted of your second DUI within a 5 year period, your license will be suspended for a period of 18 months. You will not be eligible for a Limited Work Permit. At the end of 4 months, you can obtain a Limited Driving Permit with an ignition interlock device installed in your vehicle. A judge must approve a certificate for this Limited Driving Permit. After the Permit period, you can apply for reinstatement of your driver’s license after showing proof of completion of DUI Risk Reduction School and paying the license reinstatement fee.

• Third Conviction within 5 year period:
If you are convicted of your third DUI within a 5 year period, you may be declared a Habitual Violator and your license may be suspended for a period of 5 years. You will not be eligible for a Limited Work Permit.

These suspensions are MANDATORY after a conviction (whether by plea or trial) for DUI.

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