Administrative License Suspension - Penalties

Administrative License Suspension (ALS)

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.

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 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

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:
A) Third offense of DUI within six years;
B) Third offense or more of Driving Under FRA Suspension within five years;
C) Second offense of owner knowingly permitting a person who is under suspension to drive their vehicle;
D) First offense of driving a vehicle that is immobilized and plates impounded.