Driver’s License Suspension

DUI Driver’s License Suspension

The Suspension

There are two ways for your license to be suspended. First, if you didn’t request a DMV hearing or if you lose the DMV hearing, then the DMV issues “an APS suspension”. The second way is if you are convicted of a DUI in court. The court must report this conviction to the DMV and the DMV then issues a “conviction suspension”.
The APS suspension and the conviction suspension are the same length. (except for a first-offense DUI) Your DUI attorney should try to time the two suspensions so they run concurrently–so you really serve one suspension but get credit for two. However, arranging for the two suspensions to run concurrently can be tricky. Especially when the court doesn’t even start your case until long after the APS hearing is over.

First Offense DUI Suspension

For a first-offense DUI where the driver is at least 21-years-old, the APS suspension is four-months and the conviction suspension is six-months. However, this can be reduced to a one-month suspension followed by a period of “restricted” driving where you will be allowed to drive as long as it is “work-related”.
If this is a first-offense but it is a Refusal, then the suspension is for one-year with no possibility of getting a restricted license. If the DUI resulted in injury to a person other than you, then the suspension will be for a period of one year with no possibility of getting a restricted license. If you were under 21-years-old at the time of the DUI, then the resulting suspension will be for a period of one year with no restriction allowed.

Second Offense DUI

If you have a prior DUI conviction within the past 10 years then the suspension will be for a period of two years with a possibility of getting a restricted license
  • After completing 12 months of an alcohol program; or
  • After serving 3 months of the suspension and having your vehicle equipped with an Ignition Interlock Device (IID), which is a machine that you must blow into before your car will start. The machine will prevent your car from starting if it detects any alcohol. You must pay a local IID provider to install the device in your car and perform periodic checks of it.
If the second-offense DUI resulted in injury to someone other than you, then you face a three-year license revocation. However, you may be eligible for a restricted license after one year if you have completed 12 months of an alcohol program and you have an IID installed in your vehicle.
If you refused the alcohol test and you have one prior conviction, then you face a two-year license revocation with no possibility of getting a restricted license.

Third Offense DUI

If you have two prior DUI convictions within the past 10 years then the suspension will be for a period of three years with a possibility of getting a restricted license
  • After completing 12 months of an alcohol program; or (if no drugs are involved)
  • After serving 6 months of the suspension and having your vehicle equipped with an Ignition Interlock Device (IID).
If the third-offense DUI resulted in injury to someone other than you, then you face a five-year license revocation. However, you may be eligible for a restricted license after one year if you have completed 12 months of an alcohol program and you have an IID installed in your vehicle.
If you refused the alcohol test and you have one prior conviction then you face a three-year license revocation with no possibility of getting a restricted license.

Getting Your License Back

Before the DMV will reinstate your full driving privileges you must do the following:
  • Pay the DMV a $125.00 reissue fee;
  • Provide the DMV with proof of insurance for the next three years. This is done through your insurance company by a form called an SR-22, which you must pay your insurance company for; and
  • COMPLETE the required Driving Under the Influence Alcohol program. The length of the Alcohol Program will depend on whether you have prior convictions and what your blood-alcohol was.