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Drivers’ license suspension, revocation and reinstatement

On Behalf of | Aug 26, 2020 | dui defense

For those facing the loss of their drivers’ license, it is important to understand what is happening. First, suspensions and revocations are not the same. A revocation is the indefinite loss of one’s drivers’ license. Drivers can reapply after one year though. For suspensions, on the other hand, the loss is temporary, and one’s driving privileges can be reinstated after a specified period of time or after meeting certain requirements.

Statutory Summary Suspension

For those facing DUI charges or convictions, they are most familiar with a Statutory Summary Suspension. When the accused is pulled over, the officer will request the driver undergo testing. If the driver refuses, the driver incurs a Statutory Summary Suspension for 12 to 36 months. And, testing positive can result in a 6 or 12-month suspension.

Drivers’ License Reinstatement

Drivers’ license reinstatement after a Statutory Summary Suspension is fairly straight forward. After the suspension period has elapsed, one need only pay the required reinstatement fee. The first-time fee is $250, and a second or subsequent suspension is $500. The court that processed the DUI case physically holds the license, so after paying the reinstatement fee, that court will need to be contacted for the release of the license.

This does not mean that during a Statutory Summary Suspension that drivers are without recourse. For first-time alleged offenders, they may qualify for a Monitoring Device Driving Permit, which requires the installation of a Breath Alcohol Ignition Interlock Device to drive.

Post-Conviction Revocation

Before someone receives a DUI conviction is when one receives the Statutory Summary Suspension, but after one is convicted, their drivers’ license is revoked for at least one year. First time offenders face the minimum one year revocation, but for second-time offenders, the revocation increases to five years, 10 years for a third and a lifetime revocation for any subsequent DUI convictions.

For those convicted of DUI under the age of 21, the minimum revocation period is two year. For the second offense, this increases to the period up to one’s 21st birthday or five years. The third DUI conviction raises that number to 10 years, and for any subsequent offices, a lifetime revocation is imposed.

As readers can see, one can incur penalties, even without a conviction. This is why it is so important to contact an attorney as soon as possible when facing a DUI.