DUI and License Restriction

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Driver's license restriction is one of the most common punishments for DUI conviction. Statutory chapters that set guidelines for the granting of driver's licenses generally also provide the circumstances under which they can be revoked. With such statutes in place, license revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense.

If any chemical tests determine your blood alcohol level is .08 percent or more, your driver's license will immediately be taken by the officer at the time of your arrest.

Since the DMV is considered a civil arena, your due process rights have been determined by the courts not to apply. The officer will issue a 30-day temporary license which will allow you to drive while awaiting a hearing date. If the DMV assigns a hearing date after 30 days, which they commonly have to do because they are overbooked, you should receive a written extension so you can continue to drive until the hearing, even after your 30-day temporary license has expired.

If you do not request a hearing with the Department of Motor Vehicles within 10 days of your arrest, your license will be automatically suspended. Typically, if you lose the hearing or fail to request a hearing in time, the Department of Motor Vehicles will suspend your privilege to drive for four months (one year if you have a prior conviction). However, you may be eligible for a five-month restricted license after 30 days of your suspension, if you are a first time offender. If you have a prior conviction within 10 years you are not eligible for a restricted work-driving-only license until a one-year suspension is completed (and you must attend the 18-month multiple-offender alcohol program).

In addition to mandatory license revocation, state statutes are increasingly giving courts the discretionary power to suspend the DUI offender's vehicle registration, or even, in some circumstances, to impound the convicted DUI offender's vehicle. Where allowed, actual impoundment rarely occurs and when it does, is of relatively short duration.

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