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Civil Penalties/License Suspension

Administrative revocations for test failure - Breath test indicates BAC over .08.

First Offense Violations:

• 180 day revocation

• Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and you blew under .15.

• Must wait 30 days for temporary license if you blew over .15 or an accident occurred.

• Must get an ignition interlock device installed if BAC is greater than .10 or an accident occurred if you want to get a temporary license.

* Ignition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license.

Subsequent Offenses:

• 1 year revocation

• Not eligible for a temporary license for 1 year

• Must get ignition interlock device if you get a temporary license

Administrative revocations for test refusal

Fist Offense:

• 1 year revocation

• Must wait 90 days for temporary license and must install an ignition interlock device.

Subsequent Offenses

• 2 year revocation

• Eligible for temporary license after 1 year but must get ignition interlock device.

Revocation upon conviction if not revoked otherwise:

First Offense

• 180 days

• Temporary license and ignition interlock restrictions and requirements are the same as if revoked administratively for both test failures and refusals

Subsequent Offenses

• 2 years

• Same requirements and restrictions for temporary license and blow and go as if revoked administratively for both test failures and refusals.

Revocations when a deferred judgment is entered

• Revocation for 30-90 days

• Requirements and restrictions for temporary license and ignition interlock device are the same as for an administrative revocation for a first offense.

Court Ordered Revocation in addition to previously mentioned administrative and court ordered revocations

Third and Subsequent Offenses

• 6 year revocation

• Eligible for temporary license after 2 years but must get ignition interlock device.

Any level of offense causing personal injury

• Additional 1 year

• Does not affect timing of temporary license eligibility but must get ignition interlock device.

Any level of offense causing death

• 6 years

• Eligible for a temporary license after 2 years but must get ignition interlock device.

Zero Tolerance revocations/Under 21 years of age

.02 to .08 Test Failure

• 60 days for first offense

• 90 days for subsequent offenses

Refusals

• 1 year for first offense

• 2 years for subsequent offenses

* Never eligible for a temporary license under zero tolerance statute



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