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DUI FREQUENTLY ASKED QUESTIONS - Part 3

Go to DUI FAQ - Part 1
Go to DUI FAQ - Part 2

What Happens To My License?

The Department of Licensing (DOL) will suspend your license AUTOMATICALLY if you are an adult arrested for DUI (or physical control) and have a breath or blood test result of .08 or higher; or if you are under age 21 and your test result is .02 or higher. Your license will be revoked for at least one year if you refuse testing. 

To AVOID this you must request a hearing from DOL within 30 days of the date you were arrested. We offer free help to show you how to handle this request

When you were released from custody, the officer should have given you a hearing request form.

Unless you send in the hearing request form (and pay a $200 fee) within 30 days of your arrest, you will lose your license and have no right to appeal! (In blood test cases, time period starts when DOL mails you notice of your blood test result.

Your hearing request  must be postmarked no later than the 30th day.  (Do not forget to include a check or money order for the $200 hearing fee). Once you request a hearing, DOL must hold the hearing  within 60 days of the date of arrest.

The Department's case is totally independent of any criminal prosecution.

• Revocations based on a refusals will run in addition to any license suspension resulting from a conviction.
• Suspensions or revocations based on flunking the test may run at the same time as a suspension or revocation resulting from conviction.

REFUSALS (DOL DUI Test Refusal Information)

• ADULTS AND UNDER 21
  • First refusal within 7 years with no other previous administrative suspensions: 1 year revocation (Occupational after 90 days)
  •  Refusal or any 2ND and Subsequent within 7 years: 2 year revocation (Occupational after 1 year)

• ADULT ARREST WITH TEST RESULT OF .08 OR ABOVE
• • First administrative suspension in 7 years: 90 day suspension
  • Second administrative action within 7 years: 2 year revocation
  • Suspension or revocation can be stayed if you enter into a deferred prosecution program.
• UNDER AGE 21 WITH ALCOHOL LEVEL ABOVE .02
  • First administrative suspension within 7 years: 90 day suspension
  • Second administrative action within 7 years: 1 year suspension, or until age 21, whichever is longer
  • Suspension can be stayed if you enter into a deferred prosecution program.

Occupational/Restricted Driver Licenses (ORLs)

Occupational licenses are now available where testing has been refused or where there has been a prior administrative license suspension or revocation within the past 7 years. If it is a first suspension, and is due to a test result above the legal limit, you can obtain an occupational license after the first 30 days, and otherwise be eligible for such a license. You must have a valid license at the time of the administrative action, and must first obtain high-risk insurance before submitting an application for an Occupational Driver's License.

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