WHAT ABOUT THE LICENSE REVOCATION?

In addition to the criminal penalties the Department of Highway Safety and Motor Vehicles can suspend your license civilly. The length of time depends on the number of convictions, whether or not it was a refusal, and the amount of the breath test. For example, a refusal extends the period of suspension on a first time DUI to one year, and to 18 months if you have ever refused in the past.

The ticket you receive is good for a temporary 10-day driving permit. After this 10-day period, there will be a "hard suspension" for an additional 30 days (or for 90 days if this was a refusal). During this "hard suspension" the driver is not eligible for any type of driving permit. This period may be altered, however, if a formal hearing is requested.

With regards to the civil suspension a formal or informal review may be requested. However, A HEARING CAN BE REQUESTED ONLY WITHIN THE FIRST 10 DAYS FOLLOWING ARREST.

An informal hearing is conducted by a hearing officer by examining the materials submitted by the law enforcement officer and you. The officer is not required to attend. The hearing officer has 21 days to either sustain, amend, or invalidate the license suspension.

The formal hearing is usually held within 30 days of requesting a hearing by a DHSMV hearing officer. At this hearing, the hearing officer will be authorized to administer oaths, examine witnesses, take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing, and make a ruling on the suspension. One is allowed to subpoena witnesses including the arresting officers, however, this may involve the payment of witness fees. The hearing officer has to make a decision on the suspension within 7 days following the hearing.

SPECIAL NOTE: Even if a hearing is requested the driver's license suspension remains in effect pending the outcome of the hearing unless a temporary driving permit is issued. In other words, Don't Drive!!