Facing an administrative license suspension can be a stressful experience, especially if you’re unfamiliar with the legal procedures involved. Picture the following scenario: during a routine traffic stop, you unexpectedly find your driver’s license suspended. What do you do next? In this article, we will explore what an administrative license suspension entails, the steps you can take to address it, and why consulting with a DUI attorney may be your best option.
Suspensions take effect immediately. If the driver qualifies, officers will issue a temporary 10-day permit at the time of arrest. If eligible, the permit for individuals under 21 activates 12 hours after it is issued and is valid for 10 days.
What is an administrative license suspension?
An administrative license suspension is the temporary removal of your driving privileges by the Department of Motor Vehicles (DMV) or another administrative body, separate from any criminal charges that might be pending. This type of suspension typically occurs immediately after a DUI arrest, even before a court conviction.What does administrative license suspension mean?
Understanding the meaning of administrative license suspension is crucial. It means that your driving privileges are temporarily revoked due to specific infractions, most commonly related to DUI offenses. Unlike a court-ordered suspension, an administrative suspension is enforced by the DMV and can happen at the moment of the incident.Immediate Consequences
- Loss of Driving Privileges: You cannot legally drive until your suspension period is over and your license is reinstated.
- Financial Impact: Fines, increased insurance premiums, and other costs can add up.
Long-term Effects
- Employment Issues: Difficulty in commuting can affect your job.
- Permanent Record: A suspension can be noted on your driving record, affecting future insurance rates and legal matters.
Causes of administrative license suspension
There are several reasons why your license might be suspended administratively, including:- DUI arrests: Driving under the influence of alcohol or drugs.
- Refusing a breathalyzer test: Non-compliance with sobriety tests.
- Accumulation of points: Reaching a certain number of points on your driving record.
- Driving without insurance: Failing to maintain required insurance coverage.
- Traffic Violations: Accumulating too many traffic violations can also result in suspension.
Administrative suspension law
Suspension periods for DUI
| Suspension Type | Criteria | Duration |
| First suspension | People over 21 with a 0.08 BAC or higher | Six-month suspension |
| People under 21 with a 0.02 BAC or higher | ||
| Second or subsequent suspensions | People over 21 with a 0.08 BAC or higher | One-year suspension |
| People under 21 with a 0.02 BAC or higher | ||
| Refusal to test | First refusal | One-year suspension |
| Second or subsequent refusals | 18-month suspension | |
| Underage offenders | People under 21 with a BAC of 0.05 or higher must complete a substance abuse evaluation and course before suspension is lifted | N/A |
Immediate steps to take after your license is suspended
- Stay calm and understand your rights: Know that you have the right to contest the suspension.
- Request an administrative license suspension hearing: You must act quickly, as you usually have a limited time frame (often 10 days) to request a hearing.
- Gather evidence: Collect any documentation or evidence that supports your case.
- Consult with an administrative suspension lawyer: Professional legal advice is crucial at this stage.
Administrative License Suspension Hearing
The administrative license suspension hearing is your opportunity to challenge the suspension. During the hearing, you can present evidence, call witnesses, and make a case for why your license should not be suspended. It’s essential to prepare thoroughly and possibly seek legal representation to improve your chances of a favorable outcome.Preparing for the Hearing
- Know the deadline: Ensure you request the hearing within the allowed time.
- Understand the process: Familiarize yourself with the hearing procedure.
- Hire a lawyer: An experienced lawyer can provide invaluable assistance.
- Prepare your evidence: Gather all relevant documents and evidence.
Potential outcomes of the hearing
The hearing can result in several possible outcomes:- Reinstatement of your license: If you successfully prove your case.
- Upheld suspension: If the hearing officer decides the suspension is warranted.
- Modification of suspension: Sometimes the terms of the suspension can be adjusted.
