For either law, due process is allowed by the issuance of a 30-day temporary license intended to provide the driver with sufficient time to challenge the suspension through DMV administrative review. (Oh, yeah. Ahler was DMV staff attorney before becoming a quasi-judge) The time allowed to challenge the suspension was reduced from 45 days on July 1, 1993. As of January 1, 1993, offenders who are dismissed for insufficient evidence or are never charged by the court may request an APS dismissal hearing to consider setting aside the associated APS action. Under the .08% APS law, when a driver submits to and “fails” a BAC test and has no prior DUI convictions or APS actions (within 7 years prior to September 20, 2005 and within 10 years thereafter), a 4-month license suspension is imposed. Following 30 days of “hard” suspension, and providing they first demonstrate proof of insurance, show proof of enrollment in an approved alcohol treatment program, and pay all penalty fees, the law provided for such drivers to obtain a 5-month restricted license that allows only driving to and from an alcohol treatment program, and to, from, and during the course of employment. A 1-year suspension is imposed on drivers having one or more prior DUI convictions or APS actions within 7 years prior to September 20, 2005 and within 10 years thereafter, with no provision for a restricted license.
Under this law, for offenders refusing a BAC test, a 1-year license suspension is imposed for a first offense, a 2-year revocation is imposed for a second offender refusal, and a 3-year revocation is imposed for a third-or-subsequent offender refusal (within 7 years prior to September 20, 2005 and within 10 years thereafter). There are no provisions for issuance of a restricted license following a BAC test refusal.
prior DUI convictions or APS actions (within 7 years prior to September 20, 2005 and within 10 years thereafter) are handled no differently than other first offenders and are no longer granted an automatic restriction to drive to, from, and during the course of employment following a 30-day “hard” suspension as they originally were. (A noncommercial vehicle is one not requiring a commercial driver license, or heavy-vehicle operator’s license, to drive.)