When a person is arrested for DWI there is usually two proceedings. First there is Court and criminal penalties talked about on this Website. Along with that there is an administrative revocation of the Driver's License. This is a civil proceeding that is totally different from the Court and even if you win in court you can still lose your license administratively. This proceeding starts at the station when the police take your license and both read and provide you with a Notice of Administrative Revocation. If you blow .bac of .08, refuse, or take a blood or urine tests, the police will take your license and issue you the notice. Within 8-22 days later the ADLRO will sent you a letter telling you your license is revoked. You then have 6 days to request a hearing to contest the revocation.
The ADLRO is kangaroo court. If the cops dot their i's and cross the t's they will take your license when the reports are sent to them. If you contest the hearing, generally, you won't win unless the cops don't show to the hearing, and they can just Zoom in to do that. All of that being said our office finds that the police don't show up there for whatever reason about half the time, so it is still worth it to fight the revocation and our office does for all of our clients.
Your license is revoked by their office:
1. For a first offense, where there were no other Adminstrative or Criminal DWI convictions for 1 year if a test was taken and .bac between .08 and .149. You can drive during the revocation period with an interlock installed in your car (a breath machine where the car won't start if you have any alcohol in your system). If you lose you will have to get an alcohol assessment and you will have to start fresh with a written and driving test after the revocation period. If you refused and this is your first offense our office can probably lower the revocation from 2 to 1 year because the paperwork is so confusing for first timers. This does not apply to subsequent revocations. If you blew .15 or higher then the first revocation is 2 years, but it can go down to 18 months if you install in interlock into your car.
2. For a 2nd offense within 10 years (even if first was on the mainland) the revocation period is 18 months if you blow between .08 and .149. If you blow .150 or higher it is 3 years. If you refuse it is 4 years.
3. For 3 or more offenses within 10 years the revocation period is for 4 years. If you blow .150 or higher it is for 6 years and if you refuse the revocation period will be 8 years.