Term of the Day
Administrative License Suspension
Definition - What does Administrative License Suspension mean?
An administrative license suspension is a civil suspension of a driver’s driving privileges following a driver’s refusal to submit to a chemical testing of their blood, breath, or urine or following a test when the blood alcohol concentration (BAC) of their blood, breath, or urine is above the legal limit of 0.08% or higher.
The administrative license suspension is not a criminal proceeding, and it will allow for the automatic suspension of the driver’s license, regardless of any future criminal actions taken against the driver.
Although state laws determine the length of the license suspension, the terms for getting a temporary license, and the length of days to appeal the suspension, states generally allow for the administrative license suspension to be used as credit to satisfy any other license suspension requirements if the driver is ultimately convicted in the criminal case related to this suspension.
Drivers who are not convicted of DUI will have to serve the administrative license suspension, but if their case is dismissed, reduced to a lesser offense, or otherwise resolved and they are not convicted of DUI, they may have the administrative suspension deleted from their driving record.
What happens if I drive while my license is suspended?
It is a criminal offense to operate a motorized vehicle with a suspended license. If caught, drivers may face criminal penalties and additional time can be added to their current license suspension.
What do I do after I receive an administrative license suspension?
Drivers who receive an administrative license suspension are given a temporary permit to drive. The permit may be valid for up to 90 days, although the time period varies by state. Each state allows the driver a certain period of time to challenge the administrative license suspension by requesting a hearing. Drivers who fail to challenge the suspension will have their license automatically suspended.
Suspension periods vary by state. Drivers in some states may, however, request a hardship license.
Contact the Department of Public Safety in your state for more information about the suspension requirements, and talk to a DUI lawyer if you want to challenge the administrative license suspension.