Civil Penalties/License Suspension
Administrative revocations for
test failure - Breath test indicates BAC over .08.
First Offense Violations:
• 180 day revocation
• Eligible for temporary license
immediately as long as there was not an accident causing personal
injury or property damage and you blew under .15.
• Must wait 30 days for temporary
license if you blew over .15 or an accident occurred.
• Must get an ignition interlock
device installed if BAC is greater than .10 or an accident occurred
if you want to get a temporary license.
* Ignition interlock devices must
be put on all vehicles owned and operated by a person seeking
a temporary license.
Subsequent Offenses:
• 1 year revocation
• Not eligible for a temporary
license for 1 year
• Must get ignition interlock
device if you get a temporary license
Administrative revocations for
test refusal
Fist Offense:
• 1 year revocation
• Must wait 90 days for temporary
license and must install an ignition interlock device.
Subsequent Offenses
• 2 year revocation
• Eligible for temporary license
after 1 year but must get ignition interlock device.
Revocation upon conviction if
not revoked otherwise:
First Offense
• 180 days
• Temporary license and ignition
interlock restrictions and requirements are the same as if revoked
administratively for both test failures and refusals
Subsequent Offenses
• 2 years
• Same requirements and restrictions
for temporary license and blow and go as if revoked administratively
for both test failures and refusals.
Revocations when a deferred judgment
is entered
• Revocation for 30-90 days
• Requirements and restrictions
for temporary license and ignition interlock device are the same
as for an administrative revocation for a first offense.
Court Ordered Revocation in addition
to previously mentioned administrative and court ordered revocations
Third and Subsequent Offenses
• 6 year revocation
• Eligible for temporary license
after 2 years but must get ignition interlock device.
Any level of offense causing personal
injury
• Additional 1 year
• Does not affect timing of
temporary license eligibility but must get ignition interlock
device.
Any level of offense causing death
• 6 years
• Eligible for a temporary license
after 2 years but must get ignition interlock device.
Zero Tolerance revocations/Under
21 years of age
.02 to .08 Test Failure
• 60 days for first offense
• 90 days for subsequent offenses
Refusals
• 1 year for first offense
• 2 years for subsequent offenses
* Never eligible for a temporary
license under zero tolerance statute
