Driver’s license suspension or revocation represents serious, potentially life-changing offenses. For most people, reliance on a motor vehicle is second nature. Yet, when the privilege to operate one is taken away after a drunk driving arrest, the consequences can have catastrophic outcomes beyond a minor inconvenience.
The Department of Motor Vehicles (DMV) governs matters related to driver’s licenses, issuing suspensions and revocations following an arrest for DUI that include:
- Failing a blood or breath test that uncovers a blood alcohol concentration (BAC) of 0.08 percent or more while operating a vehicle
- Breath tests for commercial vehicle operators of more than 0.04 percent
- Breath tests for those on probation for DUI of more than 0.01 percent
- Any refusal of a blood or breath test
Potential consequences of an arrest
While categorized as an administrative action, a DMV suspension or revocation can still result in multiple consequences. Those penalties are separate from criminal proceedings that can lead to suspension, revocation, jail time, and fines.
Drivers 21 and older caught with a 0.08 percent BAC for the first time will receive a four-month suspension with the license confiscated and replaced with an Order of Suspension and Temporary License, allowing for 30 days of driving from the date of the incident. The only condition is that the existing driver’s license is not already suspended or revoked for other reasons.
Ten days after suspension or revocation, the option exists to request a hearing from the DMV to determine the basis for suspension or revocation. In some cases, the ruling is set aside. However, these proceedings are separate from the criminal case.
An arrest for drunk driving is only the first step in a complex legal process. An attorney experienced in his area of criminal law can get to the facts of your case and potentially secure the best possible outcome that brings you back on the road again.