Losing a License After Drunk Driving?

[Jonikasre]

Someone told me that if you’re caught driving under the influence, you don’t just pay a fine but also immediately lose your license. Is that really true? I want to understand if it’s automatic, or if there is some kind of process before your license gets suspended.

[KookSpook]

In Ukraine, license suspension is indeed one of the main penalties for driving under the influence. More details are outlined here: https://lovilave.com.ua/blog/shtraf-...verezomu-stani. Typically, after the police confirm intoxication, the driver’s case is forwarded to court. The court then makes a decision regarding suspension, which can last from one year and, in repeat offenses, even up to several years. During this period, driving is strictly prohibited, and if a person is caught again, the punishment becomes more severe, potentially including criminal responsibility. The process isn’t just automatic, but in practice, losing the license happens in the majority of cases since the court almost always sides with the traffic police reports. This approach is designed to increase responsibility among drivers and reduce accidents related to alcohol use.

[ftfiowa]

6 months minimum loss of license

[Morgs153]

In Wisconsin (where I worked), and many other states which have a reciprocity in their statutory language, yes. It is a called an Administrative Suspension and it can be 6-9 months but not less than 6. Here's the basics of how it works in a first offense scenario.

If arrested one of two things can happen. The driver will be read a form called - Informing the Accused. In that form the driver will be asked to submit to an evidentiary chemical test (blood, breath or urine (used rarely)) and the driver either answers "Yes" or "No". Anything that is not a definite "Yes" will likely be interpreted as a "No", so don't try and obfuscate or play games with the answer.

A "No", or a non-affirmative answer is a Refusal. In the event of a Refusal you will be automatically revoked on driving status for at least one year under Implied Consent. Because when you accepted getting a driver license, you accepted Implied Consent. Other factors will come into play like: No eligibility for an occupational license, automatically being a candidate for an ignition interlock device, and having to completely retest to get your license back when the revocation period expires. Beyond that, even if a driver refuses, the agency may simply write a warrant which a judge will authorize for an involuntary blood draw (we did that all the time). So, the evidence will still be obtained.

A "Yes" answer means you take the test. Even if blood is a primary test you may be able to request a secondary test, usually breath. A breath test will give immediate results. If you are over the prima facia limit for intoxication you will have your license taken and be issued a 30 day temporary operator permit (if you were valid at the time of arrest). The 30 day permit affords you driving privileges for all the classes and restrictions on your original license but at the end of that 30 days - you are under administrative suspension. As stated, the minimum time is 6 months but it can be longer (like for a very high test). In this case you would be eligible for an occupational license. You would only need an IID if you tested above something like .015 so if you are between .08 - .0149 you will not require an IID. At the end of a term of being suspended you only need to pay a reinstatement fee to get your regular license back.

That is my Wisconsin first offense example. Many states are similar.