License Suspension or Revocation
If a police officer suspects that you are driving under the influence, you will be asked to submit to a chemical test to determine the alcohol content in your blood. Should you fail or refuse to submit to the test, you'll be obliged to surrender your driver's license. This is required, as part of the administrative license suspension procedure conditions to which you agreed when you obtained your license.
The suspension or revocation of your license by the state's department of motor vehicles (DMV) is independent of the outcome of the criminal proceedings. In case you are convicted in court for violating DUI law, the court has the power to suspend your license for a certain period of time. In some states, repeat offenders may be required to forfeit the vehicles they drove at the time of the arrest.
The state DMV may suspend your license, or if you are from out of state, your privilege to drive within the state for 90 days, or 12 months if you refuse to take the required chemical test. Some states allow arresting police officers to seize your license, and issue a temporary license which you can use for 15 days after the arrest. You must then request for a hearing within the 15-day period to extend the validity of your driver's license until the DMV's decision.
The impact of a license suspension varies among defendants. If you live in urban areas where there is convenient access to public transportation, you may find the suspension less burdensome than those who live in suburban or rural areas. In the latter case, you may agree to the license suspension or revocation so that you can be entitled to a 60-day restricted driving permit after the first 30 days of suspension. Under a restricted driving permit, you are usually allowed to drive to and from work. In states where licenses are suspended even for first-time DUI offenses, you may want to consult your attorney to minimize the inconveniences of a DUI charge.