DUI and the DMV

When a driver is arrested for and convicted of a DUI or Driving Under the Influence charge, the local DMV exercises certain measures of control over their driving privileges.  These controls and administrative actions may vary slightly from state to state, but generally will include a civil proceeding against the driver, restricted or suspended driving privileges, long-term effects on a driver’s permanent record, and requirements to attend traffic safety or alcohol classes as well as being required to pay for an ignition lock installed on his or her vehicle.

DMV Penalties for DUI

In addition to the state’s criminal charges against a driver arrested for DUI, the DMV will continue with civil proceedings that may lead to immediate or eventual suspension of a driver’s license, fines and requirements to complete educational classes.

• States that allow for administrative license revocation, also called ALR, may immediately revoke a license when a field or breathalyzer test is refused or failed.  Many states allow the arresting officer to confiscate the license on-sight.
• A driver has the right to request an administrative hearing with the DMV within a given period of time of the arrest to avoid immediate suspension of a license.  Some states allow only days to request this hearing, or the DMV will exercise the right to automatically suspend the license pending further instructions from the court in the criminal proceedings.  Otherwise, a driver will generally be allowed to drive until the hearing takes place.

Restricted Driving Privileges

The DMV may restrict the current or issue a temporary driving license for anywhere from 30 to 60 days after a DUI arrest pending criminal court proceedings.  If a driver is a repeat offender, all driving privileges may be lost permanently.

• Some states allow for a driver to apply for a work or hardship license.  This license allows the accused to drive back and forth to work during certain times of the day.
• Upon a DUI arrest, most DMVs will automatically restrict a driver’s license or issue a temporary one pending the court’s decision in the criminal case against the driver.

Long-Term Effects on a Driver’s Record

When a driver is arrested and charged with a DUI, the DMV as well as the court may require the accused to adhere to certain rules and complete educational courses in order to eventually earn back his or her driving privileges.  However, points will still be placed on the driver’s license, and evidence of the DUI charges will have a long-term effect on his or her permanent record.

• A driver may be required to complete alcohol education or traffic safety classes and/or pay significant fines.
• 45 states have enacted laws that require drivers to pay for an ignition lock to be installed in their vehicle to prevent repeat offenses.
• Generally, two points will be applied to a driver’s license upon a DUI conviction.  This may also remain on the permanent driving record for a few years to life, depending upon the individual state’s requirements.

DUI DMV Legal Help

In order to protect a driver’s long-term privileges, rights and record, it is vitally important to consult a qualified attorney who is familiar with the corresponding state DUI laws immediately upon being arrested for this charge.  An attorney may be able to help a driver to avoid automatic license suspension and request a hardship license, as well as avoid hefty fines and permanent marks on the driver’s record.