Which States Have ALS Laws?

This page contains a find a brief summary of the various laws under the title of Administrative License Suspension as well as the states that have each. Of course, these facts are only part of the story-you'll want to speak to a DUI lawyer in your area for more specific analysis of how these DUI penalties apply to your DUI case in particular.

States with Administrative License Suspension for First DUI Offense with Suspension Length:
Alabama (AL): 90 days Mississippi (MS): 90 days
Alaska (AK): 90 days Missouri (MO): 30 days
Arizona (AZ): 90 days Nebraska (NE): 90 days
Arkansas (AR): 120 days Nevada (NV): 90 days
California (CA): 4 months New Hampshire (NH): 6 months
Colorado (CO): 3 months New Mexico (NM): 90 days
Connecticut (CT): 90 days New York (NY): until prosecution ends
Delaware (DE): 3 months North Carolina (NC): 30 days
Florida (FL): 6 months North Dakota (ND): 91 days
Georgia (GA): 1 year Ohio (OH): 90 days
Hawaii (HI): 3 months Oklahoma (OK): 180 days
Idaho (ID): 90 days Oregon (OR): 90 days
Illinois (IL): 3 months Texas (TX): 90 days
Indiana (IN): 180 days Utah (UT): 90 days
Iowa (IA): 180 days Vermont (VT): 90 days
Kansas (KS): 30 days Virginia (VA): 7 days
Louisiana (LA): 90 days Washington (WA): 90 days
Maine (ME): 90 days Washington, D.C. (DC) : 2-90 days
Massachusetts (MA): 90 days West Virginia (WV): 6 months
Maryland (MD): 45 days Wisconsin (WI): 6 months
Minnesota (MN): 90 days Wyoming (WY): 90 days

You should know that multiple offenses of a breath test refusal or reading above BAC 0.08 percent increases the applicable penalties, typically doubling or more the period of the first offense. Speak to a DUI attorney for more about ALS sanctions for multiple offenses.

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States with Limited Driving Privileges for Certain Drivers

Out of the states that institute Administrative License Suspension sanctions, some states allow restricted driving privileges to certain drivers who can prove hardship or other reason. These restricted privileges typically only include driving to and from work, court dates or other predetermined matters that are deemed necessary.

States with Reinstatement of Limited Driving Privileges upon Hearing: AR, CO, CT, DC, GA, ME, MD, NY, OK, TX, WI, WY

States with No Reinstatement of Driving Privileges for Any Reason: DE, KS, MA, MS, MO, NH, UT, VT, VA

Some states allow reinstatement of driving privileges but only after a period of time has passed during which no driving privileges are allowed. Here are the states with mandatory suspension periods with no limited privileges:

  • No reinstatement for 10 days: NC
  • No reinstatement for 15 days: MN, OH
  • No reinstatement for 30 days: AK, AZ, CA, FL, HI, ID, IL, LA, NE, NM, ND, OR, WA, WV
  • No reinstatement for 45 days: NV
  • No reinstatement for 90 days: IA

Do Out-of-State Violations Lead to ALS Sanctions?

Many states also have reciprocity with other states, meaning that if you refuse or fail a breath test in a state that is not your home state, your driver's license may still be subject to Administrative License Suspension sanctions in your home state for this violation. The Driver License Compact, also referred to as DLC for short, is the agreement that governs the sharing of this driving record information; it has been ratified by all states except Michigan, Wisconsin, Georgia, Tennessee and Massachusetts, and has been in effect since the 1960s. A new agreement called the Driver License Agreement is in the process of being drafted, and will replace the DLC when all DLC member states ratify the new document.

In the meantime, a DUI lawyer practicing in your local area will be able to tell you more specifically if your out-of-state offense will count in your home state, or answer any other technical questions on this subject.

Speak to a Local DUI Lawyer for More on Administrative License Suspensions and Your DUI Case

As you can see, the application of Administrative License Suspensions can be complex.

A DUI lawyer can advise you on your state's DUI laws, prepare your case for your Administrative License Suspension hearing, or help you challenge the facts presented concerning your DUI arrest. Simply fill out our free DUI case evaluation form or call 1 (877) 349-1311 and we will connect you with a DUI lawyer near you who can evaluate your case.

Note: DUI laws may have changed since our last update. For the latest information on your state's DUI laws, speak to a local DUI lawyer.

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