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Marco@QuesadaLaw.com

License Suspension

A driver arrested for DUI faces two possible suspensions to their driving privilege.  One suspension is issued by the Department of Highway Safety and Motor Vehicles (DHSMV) for either an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level.  A second suspension will be issued by the court upon a conviction for a DUI.

DHSMV Suspension

  1. blood-alcohol level or breath-alcohol level of 0.08 or higher:
    • First offense: 6 months
    • If previous suspension: 1 year
  2. refusal to submit to a lawful breath, blood, or urine test:
    • First offense: 1 year
    • If previous refusal: 18 months

Court Ordered Suspension Upon Conviction

  1. First conviction:
    • not less than 180 days or more than 1 year
  2. Second conviction for arrest within a period of 5 years after the date of a prior conviction:
    • not less than 5 years
  3. Third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction:
    • not less than 10 years.