DUI charges trigger license consequences through two separate tracks: administrative suspension by the DMV and criminal suspension as part of court sentencing. Understanding both tracks—and the options for maintaining driving privileges—is essential for anyone facing DUI charges.

Administrative License Suspension

When you're arrested for DUI, the arresting officer typically confiscates your license and issues a temporary permit. The DMV then initiates administrative per se (APS) suspension based solely on the arrest and test results—this happens regardless of whether you're convicted criminally.

Administrative suspension kicks in automatically after a short period (often 30 days) unless you request a hearing. Grounds for administrative suspension include BAC at or above the legal limit, BAC at or above lower limits for commercial drivers or minors, and refusal to submit to chemical testing.

Requesting an Administrative Hearing

You typically have only 7-10 days after arrest to request an administrative hearing. Missing this deadline waives your right to challenge the suspension before it takes effect.

At the administrative hearing, you can challenge whether the officer had reasonable cause for the stop, whether the arrest was lawful, whether you were properly advised of implied consent consequences, and whether test procedures were properly followed.

Winning the administrative hearing preserves your license regardless of criminal case outcome. Even losing may delay suspension while you prepare for the criminal case.

Criminal License Suspension

If convicted of DUI, the court imposes separate license suspension as part of sentencing. Criminal suspension is in addition to any administrative suspension, though states handle overlap differently.

Criminal suspension lengths vary by state and offense level. First offenses typically bring 90 days to 1 year suspension. Repeat offenses can result in multi-year or permanent revocation. DUI causing injury or death often brings extended suspension.

Refusal Consequences

Refusing chemical testing triggers automatic administrative suspension under implied consent laws. Refusal suspensions are often longer than suspensions for failing the test—sometimes twice as long or more.

Some states treat refusal as a separate criminal offense carrying additional penalties beyond the DUI itself.

Restricted and Hardship Licenses

Many states offer restricted or hardship licenses allowing limited driving during suspension periods. Restrictions typically permit driving to and from work or school, driving for medical appointments, driving for alcohol treatment programs, and transporting children to school or daycare.

Eligibility often requires completing alcohol education, installing an ignition interlock device, and showing the need for driving privileges.

Ignition Interlock Devices

An ignition interlock device (IID) requires you to pass a breath test before your car will start. Many states mandate IID installation for some or all DUI offenders as a condition of obtaining restricted licenses or restoring full privileges.

IID requirements typically last 6 months to several years depending on offense severity. You pay installation and monthly monitoring fees. Violations (failed tests or tampering) extend the requirement and may trigger additional penalties.

Commercial Driver's Licenses

Commercial drivers face stricter BAC limits (0.04% vs. 0.08%) and more severe consequences. A first DUI conviction triggers one-year CDL disqualification. A second conviction means lifetime disqualification. These disqualifications apply even if the DUI occurred in a personal vehicle.

For commercial drivers, DUI often means career-ending consequences.

Reinstating Your License

After suspension periods expire, reinstatement typically requires completing all court-ordered requirements, paying reinstatement fees, providing proof of insurance (SR-22), satisfying IID requirements if applicable, and passing any required tests.

Driving on a suspended license is a separate criminal offense that can extend suspension, add jail time, and create new criminal charges.

Protecting Your Driving Privileges

Act quickly after a DUI arrest to request an administrative hearing before the deadline. Explore all options for restricted or hardship licenses. Comply with all requirements to minimize suspension duration and earn reinstatement. An experienced DUI attorney can help navigate both administrative and criminal proceedings to protect your ability to drive.