Administrative License Suspension

When you fail a BAC test the Department Of Transportation suspends your drivers license for 90 days beginning 30 days from the date of failure. This is a civil suspension and is unrelated to the DUI case.

Drivers can challenge this suspension but only on very narrow grounds. ALS suspensions can be challenged by drivers who feel they were unjustly asked to take a BAC test, those who feel the test was not properly administered, and those who feel the testing device was not performing properly. An ALS hearing will not take up any other matters, including guilt or innocence of DUI, and the burden is on the driver to prove the assertion, not the other way around. The driver must request an ALS hearing within 7 days of the BAC test.