DUI Temporary Suspension of License Lawyers

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What Happens to My License if I Am Stopped for Drunk Driving?

A driver can temporarily lose his license even before he is convicted of drunk driving. Administrative License Revocation or Suspension (ALR/ALS) laws passed in most of the states permit an arresting officer to seize the license of drivers who fail or refuse to take a breath test. Under these laws the license is automatically revoked or suspended. This penalty is completely separate from any criminal penalties against the driver.

How Long Will My License Be Suspended or Revoked Under the ALR/ALS Laws?

The period of suspension or revocation will vary from state to state:

California

Refused to take a blood or urine test:
* First offense: Suspended for 1 year
* Two or more offenses: Suspended for 2 years
Failed blood or urine test (blood alcohol level of 0.08% or greater):
* First offense: Suspended for 4 months, eligible for a restricted license after 1 month
* Two or more offenses: Suspended for 1 year

Florida

Refused to take a blood or urine test:
* First offense: Suspended for 1 year, eligible for a hardship license after 90 days
* Two or more offenses: Suspended for 18 months, eligible for a hardship license after 90 days if only second offense
Failed the blood or urine test (blood alcohol level of 0.08% or greater):
* First offense: Suspended for 6 months
* Two or more offenses: Suspended for 1 year

Illinois

Refused to take a blood or urine test:
* First offense: Suspended for 6 months
* Subsequent offenses: Suspended for 12 months
Failed blood or urine test (blood alcohol level of 0.08% or greater):
* First offense: Suspended for 3 months
* Subsequent offenses: Suspended for 12 months

New York

Refused to take a blood or urine test or failed the test (0.08% or greater):
* First offense: Revoked for minimum 6 months
* Second offense: Revoked for minimum 1 year

Texas

Refused to take a blood or urine test:
* First offense: Suspended for 180 days
* Two or more offenses within 10 years: Suspended for 2 years
Failed blood or urine test (blood alcohol level of 0.08% or greater):
* First offense: Suspended for 90 days
* Two or more offenses: Suspended for 1 year

Does the Administrative Suspension on My License Start Immediately?

Most states will issue you a temporary driver¿s permit so that you can continue to drive before the suspension period begins:

California: 30 days
Florida: 30 days
Illinois: 45 days
New York: Immediately revoked
Texas: 40 days

Can I Fight the Administrative Suspension or Revocation?

Some states will allow you a very limited time within which you can request a hearing to stop the automatic license suspension, but others will not:

California: 10 days to request a hearing to stop the automatic license suspension
Florida: 10 days to request a hearing to stop the automatic license suspension
Illinois: First time offenders have 45 days to request a restricted driving permit (Judicial Driving Permit) to allow you to drive during the period suspension
New York: License automatically revoked until the prosecution of criminal DUI / DWI case is completed
Texas: 15 days to request a hearing to stop the automatic suspension

What Should I Do if I'm Arrested for Drunk Driving?

If you are arrested for Drunk Driving DUI /DWI, you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system.

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