DUI / Driving Under the Influence: Procedures

The temporary license may be extended at this time if eligible. The license will be revoked at the end of the 15-day period if no hearing is requested. The Motor Vehicle Administrative Hearing will be held to determine: 1. Whether a police officer had probable cause to believe that the driver was operating a motor vehicle under the influence of alcohol and/or drugs. 2. Whether a preponderance of evidence exists that the driver was driving under the influence. A chemical test of .08% or greater or the presence of any drug is conclusive evidence that the driver was under the influence. 3. Whether the driver refused a chemical test after being informed of the penalty for refusing such a test. DUI / Driving Under the Influence: Administrative Penalties You could loose your driver’s license for a period of from three months to two years. · If this is your first offense your driver’s license will be revoked for 3 months. · If this is your second offense your driver’s license will be revoked for 12 months. · If this is your third offense your driver’s license will be revoked for 18 months or more. · However, if you refused the chemical test the revocation will be for a longer period of time. [see chart] DUI / DWI OFFENSE REFUSED CHEMICAL TEST 3 months for 1st offense 12 months for 1st refusal 12 months for 2nd offense 18 months for the 2nd refusal 18 months for 3rd offense or more 2 years for the 3rd refusal Table 1. Administrative Penalties: DUI / Driving Under the Influence / DWI / Driving While Intoxicated Drunk Driving