Dui Frequently Asked Questions - Part 3
Go to DUI FAQ - Part 1Go 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 20 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 20 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 20th 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.
REFUSALS (DOL DUI Test Refusal Information)
- ADULTS AND UNDER 21
- First refusal within 7 years with no other previous administrative suspensions: 1 year revocation
- Refusal or any 2nd and subsequent within 7 years: 2 year revocation
- 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
- 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