DUI and License Restriction

"body">even after your 30-day temporary license has expired.
Driver's license restriction is one of the most commonIf you do not request a hearing with the Department of
punishments for DUI conviction. Statutory chapters thatMotor Vehicles within 10 days of your arrest, your
set guidelines for the granting of driver's licenseslicense will be automatically suspended. Typically, if you
generally also provide the circumstances under whichlose the hearing or fail to request a hearing in time, the
they can be revoked. With such statutes in place,Department of Motor Vehicles will suspend your
license revocations have primarily become a simpleprivilege to drive for four months (one year if you have
state administrative agency matter, occurringa prior conviction). However, you may be eligible for a
automatically upon conviction of a DUI offense.five-month restricted license after 30 days of your
If any chemical tests determine your blood alcohol levelsuspension, if you are a first time offender. If you have
is .08 percent or more, your driver's license willa prior conviction within 10 years you are not eligible for
immediately be taken by the officer at the time ofa restricted work-driving-only license until a one-year
your arrest.suspension is completed (and you must attend the
Since the DMV is considered a civil arena, your due18-month multiple-offender alcohol program).
process rights have been determined by the courtsIn addition to mandatory license revocation, state
not to apply. The officer will issue a 30-day temporarystatutes are increasingly giving courts the discretionary
license which will allow you to drive while awaiting apower to suspend the DUI offender's vehicle
hearing date. If the DMV assigns a hearing date afterregistration, or even, in some circumstances, to
30 days, which they commonly have to do becauseimpound the convicted DUI offender's vehicle. Where
they are overbooked, you should receive a writtenallowed, actual impoundment rarely occurs and when it
extension so you can continue to drive until the hearing,does, is of relatively short duration.