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DUI FAQs

DUI FAQs

Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions.

How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?

1st DUI – 180 days to a 1-year revocation effective on conviction date. Or, first offense DUI with Serious Injury – at least a 3-year revocation. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live.

If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or proof of bodily injury liability coverage and a $15 reinstatement fee will be required. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.

See also Ignition Interlock Requirements.

2nd DUI – second offense not within 5 years from prior conviction will result in a 180-day to 1-year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement.

The second offense within 5 years from prior conviction will result in at least a 5 year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or proof of bodily injury liability coverage and a $15 reinstatement fee will be required. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.

See also Ignition Interlock Requirements.

3rd DUI – third offense not within 10 years of second conviction will result in a 180-day to 1-year revocation, unless the last 2 of the convictions fall within 5 years in which case a 5-year revocation will apply. You are not eligible for a hardship license, but must wait out the revocation period.

A third offense within 10 years of second conviction will result in a 10-year revocation. You must serve 2 years of this revocation period before being eligible to apply for a hardship license in the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or proof of bodily injury liability coverage and a $15 reinstatement fee will be required. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.

See also Ignition Interlock Requirements.

4th DUI or Subsequent DUI Conviction – You must serve 10 years of this revocation period before being eligible to apply for a hardship license in the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program to retain your hardship license.

At the time of reinstatement you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or pay a $15 reinstatement fee. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or pay a fee of $150 up to $500.

See also Ignition Interlock Requirements.

DUI Manslaughter (single conviction) will result in a permanent revocation. You must wait 5 years before being eligible to apply for a hardship license in the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate for a hardship license, you must present this approval to the driver license office; pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability insurance on the date of arrest or proof of liability coverage and a $15 reinstatement fee will be required. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

See also Ignition Interlock Requirements.

DUI Manslaughter (in conjunction with prior DUI conviction): Permanent Revocation. There are no provisions for a hardship license.

Driving with an unlawful alcohol level (DUBAL)(.08)

You will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license.

You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of DUI two or more times. You must provide proof of enrollment in a DUI School to the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and suspension reinstatement fee and any license fee required. You must be able to show proof of the appropriate required coverage of bodily injury liability insurance if convicted of the DUI charge.

How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?

You will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times.

You must provide proof of enrollment in a DUI School to the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and suspension reinstatement fee and any license fee required. You must be able to show proof of the appropriate required coverage of bodily injury liability insurance if convicted of the DUI charge.

You are disqualified from driving a commercial motor vehicle for one year and you are not eligible for a hardship license. You must wait the full year, then pay a disqualification reinstatement fee and restore the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years.

What happens to my driving privilege if convicted of driving a commercial motor vehicle with unlawful alcohol level (.04)?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay a disqualification reinstatement fee and reinstate the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years.

What happens to my driving privilege if convicted of driving a commercial motor vehicle in possession of controlled substance?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay a disqualification reinstatement fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a commercial motor vehicle and I refused the test to determine alcohol level?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay a disqualification reinstatement fee and restore the commercial drivers license.

What happens to my driving privilege if I’m convicted of driving a commercial motor vehicle and I received 3 traffic violations within 3 years?

You are disqualified from driving a commercial motor vehicle for 120 days. After 120 days, pay a disqualification reinstatement fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a commercial motor vehicle and I received 2 traffic violations within 3 years?

You are disqualified for 60 days from driving a commercial motor vehicle. After 60 days, pay a disqualification reinstatement fee and restore the commercial drivers license.

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