Protect Your License in a DUI Proceeding

>> CHECK YOUR DRIVER'S LICENSE STATUS

The Department of Licensing (DOL) will suspend your license administratively 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 prevent that from occurring automatically, you must request a hearing from DOL within 20 days of the date you were arrested.

>> VIEW DOL HEARING REQUEST ONLINE FORM

When you were released from custody, the officer should have punched a hole in your license (making it into a temporary license, valid for 60 days), given you a copy of the breath test result, and given you a hearing request form.

Unless you send in the hearing request form (and pay a $200 fee, unless indigent) within 20 days of your arrest, you will lose your license and have no right to appeal! (In blood test cases, the 20-day time period commences on the day DOL mails you notice of your blood test result.)

Your hearing request (using the form given to you by the arresting officer) must be postmarked no later than the 20th day after arrest. For that reason, you should use registered or certified mail so that you can prove when you mailed the form (Do not forget to include the $200 hearing fee). Once you have requested a hearing, DOL must provide the hearing (in person or by telephone) within 60 days of the date of arrest.

The Department's action proceeds totally independently from any criminal prosecution, and, depending on the nature of the action, a suspension or revocation may run in addition to or at the same time as a suspension or revocation resulting from a criminal conviction.

>> VIEW CIVIL PENALTIES CHART

In January of 2009, the legislature revised the conditions on license suspensions by adopting the ignition driver’s license. You are eligible to drive immediately if you comply with the ignition driver’s license requirements.

>> VIEW IGNITION INTERLOCK DRIVER'S LICENSE