DUI Drugs and the Driver’s License Suspensions

DUI Drugs and Driver’s License Suspensions

Being convicted of driving under the influence (DUI) of drugs can result in driver’s license suspension or revocation in addition to other penalties. The specifics of DUI drug license suspensions vary between states.

Driver’s License Suspensions for DUI Drugs

A DUI drug conviction will lead to a driver’s license suspension period in most states. Some key aspects include:

• The suspension period may range from several months to over a year depending on state law and number of offenses.
• The suspension often runs concurrently with any jail sentence imposed.
• Some states impose longer suspensions for high blood alcohol concentrations (BAC).
• Refusing a chemical test can result in additional license suspension in some states.

In most states, the driver may be able to obtain a temporary restricted license after a period of “hard suspension” where no driving is allowed at all. However, restrictions apply to when, where, and what vehicles the person can drive.

Suspension Differences for Drugs vs. Alcohol

Most states treat DUI drug offenses the same as alcohol DUI when it comes to license suspensions. But there are some differences in some states:

• A few states impose longer suspensions for drug DUIs.
• Some states have additional suspensions for refusing a drug test.
• Alcohol concentrations can’t be used as evidence for drug DUIs.

It is important to review the specific DUI drug laws in one’s state to understand the potential penalties and license suspensions.

Suspension for Test Refusal

Refusing a chemical test after a DUI drug arrest can also lead to driver’s license suspension in many states. This is sometimes referred to as an “administrative per se” suspension.

• The suspension period may range from 6 months to over a year.
• It often runs concurrently with any suspension imposed for a DUI conviction.
• A few states impose longer suspensions for refusing drug tests versus alcohol tests.

Some states also criminally penalize refusal to submit to a chemical drug test in addition to administrative license suspensions.

Reinstating a License After Suspension

To get a driver’s license reinstated after a DUI drug suspension, steps typically include:

• Paying license reinstatement fees
• Providing proof of insurance
• Passing a driver’s license exam
• Maintaining a clean record during the suspension term

Some states may also require completing DUI education classes, treatment programs, or installing an ignition interlock device. The requirements vary between states.

Impact on Other States

A driver’s license suspension for DUI drugs in one state may impact privileges in other states under interstate compacts:

• Nonresident Violator Compact – License suspension sent to home state
• Driver License Compact – Traffic offense information shared between states
• Interstate Driver License Compact – Traffic convictions shared between states

So a DUI drug suspension can follow and impact a driver even if they move to another state.

Conclusion

A DUI drug conviction often results in driver’s license suspension for a period of time as well as other penalties. The specifics vary between states, so drivers should be aware of the laws in their jurisdiction. An experienced DUI defense attorney can provide guidance in navigating the process.

References:

[1] Driving Under the Influence (DUI) in Connecticut

[2] G.S. 20-179.3. Limited Driving Privilege – North Carolina General Assembly

[3] Other Common Suspensions and Revocations – Florida Highway Safety and Motor Vehicles

[4] Traffic Court Reference Manual 2021-2022V3 – Georgia Department of Driver Services

[5] An Overview of Minnesota’s DWI Laws

[6] DUI (Driving Under the Influence) | Washington State Department of Licensing