DWI Lawyers Guide

  Driving While Intoxicated Lawyers

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Administrative Alcohol Arrests

If the action is upheld, the driver license is suspended or revoked based on the prior five year driver record. If convicted or suspended during the past five years for an alcohol related law enforcement contact, the person is revoked for one year, if not, a 30 day suspension is imposed. The 30 day suspension is followed by a 60 day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.


If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the license is returned, if applicable.
The reinstatement requirements are:

  1. Pay a $45 reinstatement fee.
  2. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law.
  3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

Alcohol Convictions | Administrative Alcohol Arrests | Chemical Refusal Test | Other Alcohol Offenses