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DUI FAQ: Can the DMV suspend my license without a criminal conviction?

The DMV and the criminal court proceedings are completely separate from one another. Even if your case is never filed or is subsequently dismissed through the court, the DMV can still take action against your license.

The Administrative Per Se hearing (APS) through the DMV is based solely off of the arrest. Generally, the DMV considers three issues in a DUI case. The first issue is whether the officer had reasonable suspicion to stop you. The second issue is whether you were lawfully arrested. The final issue is whether you had a blood alcohol level of .08% or higher at the time of driving. The issues differ slightly if you are alleged to have refused a chemical test, are under 21 or are on probation.

If you do not requested a DMV hearing within 10 days of your arrest for a DUI, the DMV will automatically suspend your driving privileges. This means that your license will be suspended upon the expiration of your temporary license. A temporary license typically lasts for 30 days. License suspensions can last up to three years and may include a lifetime revocation of your commercial license on a second offense.

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