The question of “how long is license suspended for DUI” is one of the most pressing concerns for anyone facing a driving under the influence (DUI) charge. The answer, however, is not simple. It depends almost entirely on two critical factors: the state where the offense occurred and whether it is a first, second, or subsequent offense.
DUI laws are designed to be a powerful deterrent against drunk driving, which tragically accounts for thousands of deaths and billions of dollars in costs annually [1]. While the penalties are severe across the board, the specific length of a license suspension is a complex matter governed by state-specific statutes, administrative actions, and court decisions.
This guide breaks down the typical license suspension periods for a first-time DUI offense across various states, highlighting the crucial distinction between administrative and criminal suspensions.
The Two Types of DUI License Suspensions
When you are arrested for a DUI, your driving privileges can be suspended through two separate, independent processes. The length of your total suspension is often the sum of these two actions:
- Administrative License Suspension (ALS): This is an immediate action taken by the state’s Department of Motor Vehicles (DMV) or equivalent agency. It is triggered when you either fail a chemical test (your Blood Alcohol Concentration, or BAC, is above the legal limit, typically 0.08%) or refuse to take one. This suspension is entirely separate from the criminal court case and can take effect within days or weeks of your arrest.
- Criminal License Suspension: This suspension is imposed by the court as part of your sentence if you are convicted of the DUI charge. The length is determined by state law and the specific circumstances of your case.
In many states, the time served under an ALS may be credited toward the criminal suspension period, but this is not always the case. The most important factor influencing the length of both suspensions is the state’s Implied Consent Law, which dictates that by driving on public roads, you have consented to a chemical test. Refusing this test almost always results in a longer, more severe administrative suspension.
State-by-State DUI License Suspension Periods (First Offense)
While laws are constantly changing, the table below provides a general overview of the typical license suspension periods for a first-time DUI offense where the driver failed a chemical test (BAC 0.08%).
| State | Administrative Suspension (ALS) | Criminal Suspension (Court-Ordered) | Total Potential Suspension | Notes on Restricted Driving |
|---|---|---|---|---|
| California | 4 months (for failing test) | 6 months | Up to 10 months | Eligible for an Ignition Interlock Device (IID) restricted license after a short “hard” suspension period. |
| Florida | 6 months (for failing test) | Up to 12 months | Up to 18 months | May be eligible for a hardship license after a 30-day “hard” suspension. |
| Illinois | 6 months (for failing test) | 1 year | Up to 18 months | Eligible for a Monitoring Device Driving Permit (MDDP) with an IID during the statutory summary suspension. |
| Texas | 90 days (for failing test) | Up to 1 year | Up to 1 year and 90 days | Eligible for an Occupational Driver’s License (ODL) after a 15-day “hard” suspension. |
| New York | 6 months | 6 months | 6 months | Suspension may be stayed if the driver enters a plea bargain; eligible for a conditional license with an IID. |
| Arizona | 90 days | Up to 1 year | Up to 1 year and 90 days | Eligible for a restricted license after 30 days of “hard” suspension. |
| Georgia | 1 year | 1 year | 1 year | Eligible for a limited driving permit after 30 days of “hard” suspension. |
Disclaimer: This table is for informational purposes only and does not constitute legal advice. The actual suspension period can be longer based on aggravating factors (e.g., high BAC, accident, minor in the car) or shorter based on plea agreements or the use of an Ignition Interlock Device (IID).
The Impact of Refusing a Chemical Test
In every state, refusing to submit to a breath, blood, or urine test when lawfully requested by an officer results in an automatic, and often longer, administrative license suspension. This is a direct consequence of the Implied Consent Law.
| State | ALS for Failing Test (First Offense) | ALS for Refusing Test (First Offense) | Difference |
|---|---|---|---|
| California | 4 months | 1 year | 8 months longer |
| Illinois | 6 months | 1 year | 6 months longer |
| Texas | 90 days | 180 days | 90 days longer |
| Florida | 6 months | 1 year | 6 months longer |
As shown, the penalty for refusal is almost always more severe than the penalty for failing the test. This is a key detail for anyone facing a DUI stop.
How to Get Your License Back After a DUI Suspension
The process for reinstating your driving privileges is rigorous and typically requires you to complete several steps, which can vary by state:
- Serve the Full Suspension Period: You must wait out the entire administrative and/or criminal suspension period.
- Complete DUI Education/Treatment: Most states mandate the completion of an approved alcohol or drug education program.
- Pay Fines and Fees: All court-ordered fines and the state’s driver’s license reinstatement fee must be paid.
- Provide Proof of Insurance (SR-22): You will likely be required to obtain an SR-22 certificate, which is a form filed by your insurance company guaranteeing that you meet the state’s minimum liability requirements.
- Install an Ignition Interlock Device (IID): In many states, especially for first offenders seeking a restricted license, the installation of an IID is mandatory for a specified period. This device prevents the vehicle from starting if it detects alcohol on the driver’s breath.
The Role of the Ignition Interlock Device (IID)
The IID has become a central component of modern DUI laws. In many jurisdictions, an IID allows a driver to regain limited driving privileges much sooner than they would otherwise.
For example, a state might impose a 12-month suspension, but allow the driver to apply for a restricted license after 30 days, provided they install an IID for the remaining 11 months. This is a critical option for individuals who rely on their vehicle for work, school, or essential family duties.
Low Cost Interlock provides reliable, state-certified IID technology and the support you need to navigate your restricted driving period. If you are facing a DUI suspension and need to get back on the road legally, contact us today to learn about your state’s IID requirements and installation process.
At Low Cost Interlock, we’re available in 30 states across the country, with extensive coverage in California and Idaho. Schedule your installation today and discover why thousands of drivers trust us for their ignition interlock needs.
References
[1] Centers for Disease Control and Prevention. Impaired Driving: Get the Facts. https://www.cdc.gov/transportationsafety/impaired_driving/impaired-driving-faqs.html [2] FindLaw. State-by-State DUI Penalties. https://www.findlaw.com/dui/laws-resources/state-by-state-dui-penalties.html [3] Justia. License Suspension or Revocation After DUI Convictions. https://www.justia.com/criminal/drunk-driving-dui-dwi/dui-penalties/license-suspension-revocation/