When Will Your Driver’s License be Suspended if Arrested for DUI

In a DUI arrest the police officer is required to inform you what will happen to your driver’s license if you submit to a breath test, (or other chemical test) and what will happen if you refuse to submit.  The information is contained in the “Warnings to Motorist” form that the police officer is required to read to you before you are asked to submit to a chemical test. Specifically, if this is your first charge of DUI and you submit to the breath test (or other testing, e.g., urine, blood) and your alcohol concentration is above 0.08, your license will be suspended for 6 months.  If you refuse testing, your license is suspended for a period of 1 year. Although you will likely be able to obtain a BAIID Permit to drive, the BAIID Permit is not valid for the first 30 days of the suspension, (regardless if you submitted or not to a chemical test). The only way to prevent the automatic suspension of your driver’s license is to contest the Statutory Summary Suspension by filing a Petition to Rescind the Statutory Summary Suspension.  Once the petition is filed, the Court is required to give you a hearing on your petition within 30 days of the filing or the first court appearance, whichever comes later. The laws regarding the Statutory Summary Suspension are crafted to make it harder and harder to win.  Although it is hard to win, it is not impossible.  The early filing of a Petition to Rescind the Statutory Summary Suspension is the first step to protect your driver’s license and prevent the automatic suspension.