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Driver License Revoked

What will happen to you if you're pulled over for drunk driving? Most states have "per se laws" that say it's a crime to drive with a blood alcohol concentration (BAC) at or above a certain level. In most cases, your driver license is suspended or revoked following a conviction for drunk driving. In addition, some states impose an administrative license suspension, where licenses are taken before conviction when a driver fails or refuses to take a chemical test.

After a conviction, most states permit offenders to drive only if their vehicles have been equipped with ignition interlocks when their driver license is revoked, which analyze a driver's breath and disable the ignition if alcohol is detected. Plus, many states force multiple offenders to forfeit the vehicles they were driving while impaired by alcohol.

When a driver is arrested he is supposed to be given a choice of a breath or blood test. If (1) a breath test indicates higher than your state's specified percentage of blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate license suspended, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved.

A driver license being revoked can occur in several different ways. The most common way to lose a driver's license is by accumulating traffic tickets for moving violations. In more severe cases, it could be the result of driving under the influence of alcohol (DUI). The effect of this accumulation can result in a license suspension of thirty, sixty, or ninety days. Any additional moving violations may result in a one year suspension of the privilege to drive. License suspensions may also occur because of failure to have liability insurance, driving with blood alcohol levels in excess of the legal limits, refusing to take a breathalyzer test, or outstanding traffic charges.

It is strongly recommended that a DMV hearing be requested if your driver license is revoked. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but later than 30 days. NOTE: It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should contact the local Drivers Safety Office himself.

Driving with a suspended driver's license is a serious offense which could result in arrest, jail time, fines, or having your license revoked. If your license is suspended, your insurance rates could be raised. It is strongly suggested that you make every effort to maintain a valid driver's license. If you think you are at risk of losing your driver's license, you may wish to consult an attorney about proper proceedings to protect yourself.

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