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Department of
Licensing
The
Department of Licensing (DOL) will seek to suspend or revoke
an individual’s driving privilege if they provide a breath
or blood sample equal to or greater than the legal limit, or
if they refuse to submit to a breath or blood test. This is
a civil action against an individual's driver license
privilege. The
licensing penalties vary
depending upon the circumstances. Remember this proceeding
is entirely different and separate from the criminal
proceeding.
The
suspension or revocation will occur automatically unless an
administrative hearing is requested by the individual
arrested for DUI. DOL will only initiate this proceeding
against the following individuals:
Individuals age 21 or older:
1.
If an
individual provides an evidentiary breath or blood sample
equal to .08 or higher; or
2.
If an
individual refuses to submit to the evidentiary breath or
blood test.
Individuals under the age of 21:
1.
If a
minor provides an evidentiary breath or blood sample equal
to .02 or higher; or
2.
If a
minor refuses to submit to the evidentiary breath or blood
test.
If an
individual is arrested for DUI, and does not qualify in the
scenarios above there will not be a civil administrative
action against their license. For example, individuals age
21 and above can be arrested for DUI and taken to the police
station for a breath or blood test. If they submit and
provide a sample below the legal limit of .08 there will not
be a civil administrative action against their license.
If an
individual falls under one of the above categories it is
their responsibility to request an administrative hearing.
The hearing request must be made within 30 days of the DUI
arrest. Failure to request a hearing within 30 days will
result in an automatic license suspension. The police
officer should provide the administrative hearing request
form during the arrest process, or
Kennedy &
Berner, LLP can provide the
administrative hearing request form. |
