License Suspension

Whether your state refers to it as administrative license suspension (ALS) or administrative license revocation (ALR), both laws refer to the loss of your driver’s license. The federal government encourages states to comply with DUI license suspension by tying it into their highway funding.

While a person’s driver’s license can certainly be suspended or revoked in criminal court, an administrative license suspension takes place immediately. Conducted through a state’s Department of Motor Vehicles, an ALS or ALR is a civil proceeding completely separate from a criminal court case. This is why it is not considered double jeopardy. So even if the criminal court doesn’t suspend a person’s license, the Department of Motor Vehicles may still decide to.

A police officer will notify the driver that their license will automatically be suspended or revoked in a certain number of days if they do not request a hearing. The officer will issue a temporary driver’s license to allow the person to continue driving until their hearing date.

If a driver refuses to take a chemical test (blood, breath or urine), they will automatically lose their driver’s license (typically for one year). This is a violation of an Implied Consent Law. Under this law, a person is impliedly giving their consent to submit to a chemical test if a police officer suspects them of driving under the influence. This is part of the paperwork you are signing the day you are issued your driver’s license. By signing that notice, you are agreeing to comply with the law. That’s why the penalty is severe for refusing to take a chemical test. Remember, the state wants to collect evidence against you—evidence that they can later use in court to prove that you were DUI.

Immediately following a DUI arrest, ask for your phone call and contact a professional DUI defense attorney! Your attorney can assist you through the administrative process as well as the criminal court case. They can file the paperwork for you to request a hearing and can even represent you during the civil proceeding. In many cases, you can file an appeal to have a second hearing if you are not satisfied with the results.