The DMV suspension for Operating Under the Influence (OUI) or Driving Under the Influence (DUI) varies by state, but here are key examples: California:
- First offense with a BAC of 0.08% or more results in a 4-month suspension.
- Second or subsequent offense within 10 years results in a 1-year suspension.
- Refusal or failure to complete a chemical test leads to longer suspensions: 1 year for first refusal, 2 years for second, and 3 years for third or more offenses within 10 years.
- Under 21 with BAC of 0.01% or more faces a 1-year suspension.
- Restricted licenses may be available for limited driving purposes after the suspension period.
- The DMV suspension is administrative and separate from court penalties
New York:
- Driving while intoxicated (DWI) with BAC 0.08% or more results in a 6-month revocation.
- Aggravated DWI (.18% BAC or higher) or DWI with a child in the vehicle results in a 1-year revocation.
- Repeat offenses within 10 years lead to longer revocations (up to 1 year or more).
- Driving while ability impaired by drugs or alcohol carries shorter suspensions (90 days to 6 months)
Connecticut:
- Mandatory 45-day license suspension typically begins 30 days after arrest for DUI
Maine:
- First OUI offense results in a 150-day suspension (can reduce to 30 days with ignition interlock).
- Second offense leads to a 3-year suspension (can reduce to 9 months with ignition interlock).
- Third offense results in a 6-year suspension (reducible to 3 years with ignition interlock).
- Refusal to submit to testing results in longer suspensions.
- Commercial drivers face harsher disqualification periods
Virginia:
- Administrative license suspension for DUI starts with 7 days for first offense.
- Subsequent offenses have longer suspensions (60 days or until trial for second, until trial for third).
- Court-imposed suspensions and penalties apply after conviction
General Notes:
- DMV suspensions are administrative actions that may occur immediately after arrest or chemical test refusal.
- These suspensions are separate from criminal penalties imposed by courts.
- Ignition Interlock Devices (IID) are often required after suspension for a period.
- Suspensions can be longer for refusals to submit to chemical testing or for repeat offenses.
In summary, the DMV suspension for OUI/DUI typically ranges from a few months to several years depending on the offense number, BAC level, refusal to test, and state laws, with administrative suspensions starting immediately after arrest or test refusal and criminal penalties following conviction