Law Office of Joshua Hall
Criminal Defense Attorney

Administrative License Suspension

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ALS Overview

Administrative License Suspension (ALS)

If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of .08% Blood Alcohol Concentration (BAC), the officer can take your driver license on the spot, and the suspension begins immediately. 

If you refuse a test, your license is suspended as follows: 

  • 1st refusal (within six years) - one year

  • 2nd refusal (within six years) - two years

  • 3rd refusal (within six years) - three years

  • 4th and subsequent refusal (within six years) - five years

The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for an OVI offense.

 
 

1st offense

ALS for 90 days for .08% or higher BAC.

  • For BAC between .08% and .17%, mandatory 72 hours in jail, unless court orders participation in a driver intervention program.

  • For BAC over .17%, mandatory 72 hours in jail and 72 hours driver intervention. If driver intervention program can be done at the jail, and the driver refuses to attend the intervention program, or would not benefit from the program, then the driver will receive a six-day jail term. Court must also order alcohol/drug assessment and require treatment, if warranted.

  • $375 - $1,075 fine

  • Court license suspension for six months to three years, with possible driving privileges.

 

2nd offense within six years of fi rst

ALS for one year for .08% or higher BAC.

  • For BAC between .08% and .17%, mandatory minimum 10-day jail term, or combination of jail and electronically monitored house arrest with alcohol monitoring. Jail time must be less than six months. Court must also order alcohol/ drug assessment and require treatment, if warranted.

  • For BAC over .17%, mandatory minimum 20-day jail term, or combination of jail and electronically monitored house arrest with alcohol monitoring. Jail time must be less than six months. Court must also order alcohol/drug assessment and require treatment, if warranted.

  • $500 - $1,625 fine

  • Court license suspension for one to five years.

  • Vehicle impounded for 90 days.

 

3rd offense within six years of first

ALS for two years for .08% or higher BAC.

  • For BAC between .08% and .17%, mandatory minimum 30-day jail term or combination of jail and electronically monitored house arrest. Jail time must be less than one year.

  • For BAC over .17%, mandatory minimum 60-day jail term, or combination of jail and electronically monitored house arrest. Jail time must be less than one year.

  • $850 - $2,750 fine

  • Court license suspension for two to 10 years.

  • Driver will commence a treatment program.

 

4th or 5th offense within six years of first, or 6th offense within 20 years of first felony of the fourth degree

  • Felony conviction

  • ALS for three years for .08% or higher BAC.

  • For BAC between .08% and .17%, court may impose a local incarceration of 60 days, or imprisonment. Local incarceration may be greater than 60 days, but no more than one year. Imprisonment can be increased to six months but less than 30 months.

  • For BAC over .17%, court may impose a local incarceration of 120 days or imprisonment.

  • $1,350 - $10,500 fine

  • Court license suspension for three years to life.

  • A person can also be charged with a separate specification of having previous convictions. If convicted of this specification, the person can be imprisoned for one to five years.

 

Second felony

  • ALS for three years.

  • For BAC of .08% to .17%, court shall impose 60-day prison term, up to five years.

  • For BAC over .17%, court shall impose 120-day prison term, up to five years.

  • $1,350 - $10,500 fine

  • Court license suspension for three years to life.

  • Driver’s vehicle is subject to criminal forfeiture.

  • Driver will commence a treatment program.

 

Appeal process for administrative license suspension

  • A person who has been arrested for drunk driving and whose license has been suspended can appeal the suspension. The ALS must be appealed at the initial appearance or within 30 days after the initial appearance. The scope of appeal is confined to four issues:

  • Was the arrest based on reasonable grounds?

  • Did the officer request the person to take a test?

  • Was the violator made aware of the consequences if he/she refused or failed the test?

  • Did the person refuse or fail the test?

NOTE: A court may still issue a suspension even if the appeal is granted if the court finds the person a threat to public safety.