Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Jun 2, 2023, 4:04am
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A license to drive a car is treated as a privilege, although for many people driving feels like a necessity. A license suspension can result from a drunk driving offense or other offenses and it can have serious consequences on your ability to transport yourself and your loved ones.
This guide explains when you could get a DUI license suspension, other reasons your license could be suspended or revoked and how you can restore your license after it has been temporarily lost.
Drunk driving and certain other offenses could potentially result in your license being suspended or being revoked—but there is a difference between license suspension vs. revocation.
License revocations and suspensions can both interfere substantially with your life since you are unable to drive your vehicle at least for a period of time.
Drunk driving is one of the most common reasons for a license suspension or revocation.
State rules vary on exactly when and how long a DUI license suspension is in effect, but here are some circumstances where intoxicated driving could result in your ability to drive being taken away.
You could face the temporary loss of your driving privileges through two different legal processes in most states.
For example, in Florida, having a BAC of .08 when 21 or over or a BAC of .02 or over will result in an administrative license suspension for six months for a first violation or one year for a second violation. This happens automatically before any criminal trial, although you do have the opportunity to appeal at an administrative hearing
If you are convicted in court for drunk driving in Florida, the court could also revoke your license for a minimum of 180 days and a maximum of one year for a first offense or a second offense occurring more than five years after your first offense. This revocation happens only when you are convicted and sentenced by the court.
Throughout the U.S. many states have put implied consent laws into place. These implied consent laws require motorists who drive on state roads to submit to a blood or breathalyzer test to determine the level of alcohol or drugs in their bloodstream.
Drivers must submit to these tests if there is probable cause to believe they are impaired and if they have been arrested on suspicion of driving under the influence. A driver who refuses a test under these circumstances can face consequences. While you cannot be subject to criminal penalties, you can face administrative penalties including fines, fees and the administrative suspension of your license.
If you have a BAC above the legal limit, you may be subject to an administrative suspension or administrative revocation of your license. In most states, the blood alcohol content limit is .08 with a limit of .02 for drivers under 21.
An administrative license suspension or revocation happens automatically and may go into effect immediately or after a short time period has been allotted for appeals. You do not need to be convicted of drunk driving and this is considered a civil, rather than a criminal, penalty.
The length of time your license is suspended, and whether it is suspended or revoked, will depend on state laws and could be affected by how high your BAC is and whether you have had any prior administrative or civil action taken against your license.
Suspension or revocation of your license can also be one of the penalties imposed by a criminal court if you are convicted of drunk driving. You can be convicted of this offense only after a prosecutor provides guilt beyond a reasonable doubt.
In some cases, when your license is suspended or revoked for a period of time, you may be able to apply for a hardship license. This is a limited-purpose license you can use for certain activities such as going to work, taking children to school or taking yourself or a family member to medical appointments.
Many states impose a waiting period or additional requirements before you can become eligible for a hardship license—especially if you are a repeat offender, if your BAC was very high, or if you violated implied consent laws. You may also be required to have an ignition interlock device installed in your vehicle. This tests your BAC before the car starts and periodically while driving.
You can also get your full license restored after the suspension or revocation period has come to an end as long as you have met any requirements imposed, such as completing drug or alcohol counseling successfully. If your license was revoked, you may need to apply for an entirely new license and meet those requirements as well.
A DUI license suspension is one of the most common reasons to lose your driving privileges but there are other reasons your license could be suspended or revoked as well. This can include:
The process for reinstatement of your driving privileges varies depending on the reason your right to drive was suspended by the Department of Motor Vehicles or by the court. An experienced attorney can help you to better understand your options for getting back on the road.
In most cases, you will automatically have your license suspended or revoked after a DUI. You can face an administrative suspension, which means the Department of Motor Vehicles immediately suspends your right to drive or suspends your rights soon after you have failed a BAC test or failed to comply with implied consent laws. You can also face suspension or revocation when you are convicted by a court for impaired driving.
The cost of reinstating a license after DUI varies depending whether your license was suspended or revoked and depending on the conditions of restoring your license. You may need to pay a reinstatement fee or a fee to apply for a new license if your license was revoked. You may also need to pay to have an ignition interlock device installed in your vehicle after a DUI license suspension. You can also expect your auto insurance costs to be higher.
When your driver’s license is suspended, you immediately lose your privileges to drive a vehicle. You are not allowed to drive unless you get a hardship license or your license is reinstated. You can appeal a suspension or request a hardship license to drive for limited purposes. Often, there is a time limit that must pass before you can apply for a hardship license or before your suspension is lifted. You may also need to comply with certain requirements, such as having an ignition interlock device installed on your car.
