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Administrative License Suspension

Posted on:12/2/2011
A driver arrested for DUI can have his driver’s license suspended. The suspension is referred to as "administrative" because the license suspension does not depend upon a judicial finding or trial but is imposed by an administrative agency, ordinarily the state department of motor vehicles; and they are "per se" laws because refusing or failing the chemical test automatically triggers the law's application.




The administrative license sanctions are separate from and in addition to any criminal penalties that may be imposed as a result of a DUI prosecution and conviction. It is not at all unusual for drivers who refuse or fail the breathalyzer test whose licenses are suspended to be acquitted in criminal court of the DUI charge, or not even be charged with the offense.


The objective of the per se license sanctions is specific deterrence: to deter those whose licenses are suspended for recidivating by guaranteeing swift and certain punishment (the suspension) right after the violation.


In most states, you can request an administrative hearing before your license is suspended. During the hearing if you can convince the DMV officer that your license should not be suspended, then you can prevent the suspension of your driver’s license. If your driver’s license is suspended, then you can apply for limited driving permit which will allow you to drive to work.

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