The Law Office Of Joshua P. Fink LLC
We Offer Military Discounts | Schedule Your Free Consultation


What is administrative revocation?

On Behalf of | Mar 2, 2023 | DUI

If an officer arrests you for drunk driving, you are subject to punishment from the legal and administrative systems. The reason for this is that your driving license is a privilege extended to you by the state.

So, you not only commit a crime by breaking the law and driving while under the influence but also you break administrative rules by not honoring the agreement you made when getting your driving privileges. The administrative side will issue a punishment of revocation.

Administrative revocation facts

An administrative revocation is when the state takes away your driving privileges by suspending your license. Typically, this punishment is automatic as soon as you face accusations of a DUI.

Situations for revocation

You will face an administrative revocation if you have a breath alcohol level of .08 or more or if it is .04 or more if you are driving a commercial vehicle. You also will face suspension if you refuse to take a breath test because when you get your license you agree to take tests requested by officers or to forfeit your license.

Suspension periods

If you are subject to losing your license due to a DUI or suspected DUI, you will lose it for at least 90 days if it is your first time facing these charges. For subsequent charges, the time of suspension increases. The penalties apply for both a DUI charge and for refusing a breath test. With three or more incidents, you could have a suspension of up to five years.

Keep in mind that administrative license suspension is separate from anything the court imposes for the criminal portion of the DUI. You could get additional time in which your license is not valid from the court which will add to the administrative time.