Driver’s License Suspensions
If you have been arrested for DUI and your breath test results were over .08%, the DHSMV will automatically suspend your driver's license for 180 days, 30 of which must be served consecutively, the remainder on a business purposes license. If you refused the breath test, the license suspension will be for 1 year, of which 90 days must be served consecutively. The period of suspension increases to one year for a second DUI and 18 months for a second refusal.
To avoid these consequences you must request a hearing within 10 days of your arrest. You then have the right to a hearing at which time you may challenge whether the police officer had probable cause to believe that you were driving or in actual physical control of a vehicle while impaired by alcohol or drugs, and whether your breath test results were over .08%, or you refused to take the breath test after being requested to do so. (See Administrative Review Hearings for more details on hearings and your possible defenses).
DHSMV may also suspend your license for longer periods of time when you have multiple DUI convictions within a certain time period. For example, if you are convicted of a second DUI within 5 years, the DHSMV will suspend your license for 5 years. If you are convicted of a third DUI within 10 years, your license will be suspended for 10 years.
An experienced lawyer can help you get your license back or represent you at your administrative hearing and increase your likelihood of keeping your license.