• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver’s license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

Probationary License Suspension DUI (PD)

The PD will be triggered by a conviction record with an offense date greater than12/31/98, the driver is under the age of 18 at the time of the offense, with a BAC of .08% or above.

Length of Suspension: Six months.

Limited Driving Privileges: There is no provision in the law for driving privileges on this suspension.

You Have the Right to an Administrative Hearing: You are entitled to an Administrative Hearing on this matter;

Your request for a hearing must be made to this Bureau within thirty (30) days of the mailing date of the notice;

After the request is made, you will be notified of the time and place of the hearing. You may appear in person, or you may be represented by an Attorney;

The scope of the hearing is to present evidence and examine witnesses that can show cause why your driving privileges should not be suspended;

After the Administrative Hearing, the Hearing Office will send a recommendation to the BMV. You will be notified by mail.

Conditions for return of full driving privileges:

Serve six month suspension;

Successful completion of Juvenile Driver Improvement Course, approved by the registrar of the Bureau of Motor Vehicles;

Payment of $30 reinstatement fee;

Successful completion of driver license examination.

1st Offense:

• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail - Minimum of three consecutive days or 3-day driver intervention program;
• Fine - Minimum $200 and not more than $1,000;
• Court License Suspension - 6 months to 3 years.

2nd Offense:

• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine - Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension - 1 year to 5 years.

3rd Offense:

• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail - Minimum 30 consecutive days to one year;
• Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine - Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension - 1 year to 10 years.

4th or More Offense or Motor Vehicle Related Felony:

• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail - Minimum of 60 consecutive days and up to one year in jail;
• Fine - Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension - 3 years to Permanent Revocation.

APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION (ALS)

The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

1. Was the arrest based on reasonable grounds?
2. Did the officer request the person to take a test?
3. Was the violator made aware of the consequences if he/she refused or failed the test?
4. Did the person refuse or fail the test?

NOTE: A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.

DRIVING UNDER DUI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE

The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:

Driving under DUI Suspension

• First Offense: 30 days
• Second Offense: 60 days
• Third Offense: Forfeiture

FRA Suspension (without insurance)

• First Offense: 30 days
• Second Offense: 60 days
• Third Offense: Forfeiture

Note: For multiple DUI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.

PERMITTING A PERSON WITH NO LEGAL RIGHT TO DRIVE OR OPERATE YOUR VEHICLE

First Offense: 30 days for state offenses only.

VEHICLE FORFEITURE

Permanent loss of vehicle shall be ordered by the court for any of the following which occurs within five years, except "3":

1. Third offense of DUI
2. Third offense or more of Driving Under FRA Suspension
3. Second offense of owner knowingly permitting a person who is under suspension to drive their vehicle.
4. First offense of driving a vehicle that is immobilized and plates impounded.

There is a provision for a court review to protect an innocent vehicle owner from a vehicle forfeiture or immobilization. If forfeiture occurs, offender cannot register or title any vehicle in his or her name for six years.