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THE
ADMINISTRATIVE PROCESS AT THE STATE DRIVER'S LICENSE
BUREAU
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CRIMINAL
PROCESS /
THE COURTS
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- License is seized
- Temporary permit is issued; good for 30 days
- 15 days to request hearing (32:661 et seq.) before Administrative
Law Judge
- If the Judge finds that the officers complied with the
regulations the license is ordered suspended (usually effective
within 30 days of hearing).
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THE
ISSUE at the Administrative Hearing is:
- Did
the officer have reasonable grounds to believe
that you had been driving on the public highways
of this State while under the influence of an
alcoholic beverage?
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- If your results are greater than 0.08%, your license will
be suspended for:
- 90 days for 1st offense;
- 365 days for 2nd offense or subsequent submissions
within a 5 year period.
(You may apply for a hardship license for
work or school purposes only. This may be done after the
first 30 days.)
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- Your license is suspended for:
- 180 days for the 1st refusal;
- 545 days for subsequent refusals within a 5-year period.
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decision of the Administrative Law Judge may be appealed
and heard in a trial de novo before the appropriate
district court. |
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The
peculiar thing about a DWI charge, as opposed to most
other criminal charges, is that, in addition to the
criminal aspect, there also exists an administrative
aspect. Upon your arrest for DWI, your license is seized
by the arresting officer, and a temporary permit is
given. This is done when your test reveals a blood-alcohol
level of 0.08% or higher.
Key
Points
- The
Temporary License lasts for 30 days.
- You
have 15 days to apply for an Administrative hearing.
- If
you do not apply for such a hearing, your driving
privileges will be suspended for 90 days without benefit
for a hardship license for the first 30 days.
- If
you refuse the test, your license is suspended for
180 days.
- If
you do submit to the chemical test and the results
are 0.15% or above, you will have to serve in jail
at least 48 hours on 1st conviction or 96 hours on
2nd conviction.
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