What is an Administrative License Suspension?
It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers may also be arrested for DUI, regardless of their BAC, if they have consumed alcohol and cannot safely operate their vehicle.
Many drivers arrested for DUI or driving under the influence are surprised to find that they may face civil charge from their states Department of Motor Vehicles (DMV) as well as criminal charges.
If you have been stopped for DUI or driving under the influence of alcohol, you may be asked by a police officer to submit to a chemical test of your blood, urine or breath. Do you have to submit to the chemical test? No you do not, but under a states implied consent laws you have already given your implied consent to submit to the test and failure to do so may result in an automatic revocation of your drivers license. The amount of time your license will be suspended may vary by state or may depend on the severity of your offense. In some states, if the driver refuses to submit to the chemical test, they may have their license immediately confiscated by the police and they may be issued a temporary license.
If you are a first time DUI offender the license suspension could be for as little as 30 to 90 days. Drivers who have multiple DUI arrests may lose their license for several years. Administrative license suspensions are in addition to criminal charges which for some drivers may include: jail time, high fines, mandatory installation of an ignition interlock device, probation, and mandatory attendance in an alcohol education class.
Appealing an Administrative License Suspension
Drivers may be able to fight their administrative license suspension by hiring a DUI lawyer and filing for an Administrative hearing. The amount of time allowed to file an Administrative hearing can vary by state, but all states have a deadline to make the hearing request. If the driver fails to request a hearing of the license suspension within the specified time period the license is suspended for the number of days outlined under state law.
At the hearing a hearing officer will review the DUI arrest and determine if the license suspension was properly made. If the court determines it was, the driver may be able to file an appeal of the license suspension.
If you have refused to submit to a chemical test after a DUI arrest or your license has been suspended, you may need help from a DUI lawyer. If you miss the deadline to file for an Administrative hearing you may loss the right to challenge your license suspension.
DUI lawyers have special knowledge of DUI laws in your state and can help you successfully defend your administrative license suspension. Contact a DUI attorney today if you need help.