Suspended Driving License Penalty
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation, the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative driver's license suspension hearing as a suspended driving license penalty. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH) for the suspended driving license penalty.
If you either refuse to take the test or test for a "per se" alcohol level, you have ten business days to request an administrative hearing to avoid any suspended driving license penalty's. Do not count weekends, state holidays, or the day you were arrested. If you do not request the hearing within the ten business days, then the following penalties apply:
If the arresting officer initiates a refusal suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one to five years, depending upon your record.
No limited permit is allowed, even if this is your first ever DUI charge or suspended driving license penalty. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a charge that is not a DUI.
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