Q: What is an administrative license suspension (ALS)?
A: Any person who is charged with a DUI and either refuses to provide a chemical test, or provides a test that is over the legal limit, will be immediately placed under an administrative license suspension (ALS). This suspension goes into effect before court proceedings ever begin.
Q: How long is the suspension?
A: There are two categories of ALS suspensions. The first category includes someone who provided a chemical test result over the legal limit. The second category includes those who refused to provide a chemical test. The length of the suspension on either category is determined by whether the person has a prior DUI offense or prior offenses within the last six years. By following the chart below, you can find the length of the suspension that applies to your situation.
|Number of Refusals of Chemical Test||Length of Suspension|
|First refusal in 6 years||1 year|
|Second refusal in 6 years||2 years|
|Third refusal in 6 years||3 years|
|Fourth refusal or more in 6 years||5 years|
|Number of Tests over the Legal Limit||Length of Suspension|
|First in 6 years||90 days|
|Second in 6 years||1 years|
|Third in 6 years||2 years|
|Fourth or more in 6 years||3 years|
Note: It is possible to submit to a chemical test that produces a result under the legal limit and still be charged with DUI. If this happens to you, be aware that you are NOT under an administrative license suspension and can freely drive your vehicle, assuming you are not any other type of suspension. At your first hearing, the court has the power to issue what is known as a “public safety” suspension, however, this is not mandatory.
Q: Can I get driving privileges?
A: Yes. When you can get privileges is set forth below.
|Number of Chemical Test Refusals||Eligible for Privileges|
|First refusal in 6 years||After 30 days|
|Second refusal in 6 years||After 90 days|
|Third refusal in 6 years||After 1 year|
|Fourth refusal or more in 6 years||After 3 years|
|Number of Tests over the Legal Limit||Eligible for Privileges|
|First in 6 years||After 15 days|
|Second in 6 years||After 30 days|
|Third in 6 years||After 180 days|
|Fourth or more in 6 years||After 3 years|
Q: Can I challenge the administrative license suspension?
A: Yes. An ALS is challenged through an appeal that can be filed at the person’s initial five-day hearing or within 30 days after that hearing. The scope of the appeal is limited to whether one or more of the following conditions have not been met:
- Did the arresting officer have REASONABLE GROUNDS to believe that you were in violation of the DUI law, and were you placed under arrest?
- Did the officer REQUEST you to submit to a test?
- Did the officer INFORM you of the consequences of taking or refusing the tests?
- Did you REFUSE or did you FAIL the chemical test?
Q: When does the ALS terminate?
A: If you tested over the legal limit, the ALS terminates if you are found “not guilty” at trial. If the case is dismissed, the judge may terminate the ALS suspension, but they are not required to do so.
If you refused the chemical test, the ALS will stay in effect if you are found not guilty, or if the case is dismissed, unless the court declares the ALS void or you win your appeal of the ALS.
Call us today to set up a consultation where we can discuss what you need from your DUI lawyer. Our team would be glad to assist you in your DUI case.