Driver’s License Suspension, Revocation And Reinstatement

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.

• A license suspension means your right to drive has been temporarily taken away. You still have your driver’s license but you temporarily lose your privileges to drive a vehicle.
• A revocation also means your license to drive has been taken away. However, in this case, your license is no longer valid at all. If you want to drive again, you need to apply for a new license and often there is a waiting period before you are allowed to do so after your license 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.

Administrative vs. Criminal Suspension

You could face the temporary loss of your driving privileges through two different legal processes in most states.

• Administrative license suspension: This is an administrative action. The Department of Motor Vehicles suspends your right to drive. Usually, the suspension goes into effect immediately or after a set time when certain triggers occur, such as failing a BAC test. You can appeal to the relevant department in your state.
• Criminal suspension or revocation: This occurs when you are convicted of a drunk driving offense or other related offense and the court orders your license to be suspended or revoked.

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.

Implied Consent Violations

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.

BAC Above the Legal Limit

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.

Drunk Driving Conviction

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:

• Reckless driving
• Accumulating too many points on your license
• Failing to pay parking tickets
• Not paying required child support

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.