DUI (Driving Under the Influence) Administrative Revocation
IT IS AGAINST THE LAW TO OPERATE A VEHICLE, AIRCRAFT OR WATERCRAFT UNDER THE INFLUENCE (See Below).
If you are arrested for a DUI you would face criminal prosecution and administrative license action.
The Division of Motor Vehicles (DMV) must revoke or disqualify the driver's license, privilege to drive, or privilege to obtain a driver's license of a person arrested for driving or operating a motor vehicle or aircraft while under the influence of intoxicating liquor, or any controlled substance.
Your driving privilege will be revoked or disqualified if:
- Your breath alcohol test result is .08 or greater
- Your breath alcohol test result is .04 or greater while operating a commercial vehicle
- You refuse to submit to a breath, blood, or urine test for the purpose of determining alcohol content or the presence of controlled substances
The DMV will revoke your privilege to drive for the minimum period required by law.
The revocation periods are:
- 90 days for a first offense
- 1 year if you have one prior conviction of DUI or refusal
- 3 years if you have two prior convictions of DUI or refusal
- 5 years if you have three or more prior convictions of DUI or refusal
For commercial motor vehicle operators, the Division of Motor Vehicles must disqualify your privilege to drive a commercial vehicle for the minimum period required by law. The disqualification period can be for 1 year or life, depending on the severity of the offense.
The Administrative revocation may be concurrent with or consecutive to a revocation given by the court.