The Department of Highway and Safety Motor Vehicles (DHSMV) will instantaneously suspend your driver’s license once you’re are lawfully arrested for DUI and either blow over the legal limit (.08) or refuse to provide a blood, breath or urine test upon request by a law enforcement officer. The ONLY way to avoid this suspension is to request a review of the suspension within 10 days from the date of your arrest. If you do nothing, your license will be suspended as follows:
1st Refusal: One Year Suspension
2nd Refusal: Eighteen Month Suspension
1st Blow Over the Legal Limit: Six Month Suspension
2nd Blow Over the Legal Limit: One Year Suspension
You can challenge this suspension by requesting a formal review hearing within 10 days of your arrest. During this 10 day period your DUI ticket is a driving permit if it is marked yes in the “eligible for permit” box of the ticket. If you do not make the formal hearing request within the 10 day time frame, then you waive your right to challenge your suspension and a “hard suspension” of your license will begin. If the formal review is requested, the DMV will send a temporary driving permit out to our office that allows you to drive in limited circumstances until seven days after the hearing is heard and final order rendered.