Administrative License

Suspension Law

Administrative (on the spot) License Suspension

What is Administrative (on the spot) License Suspension?

If a driver is pulled over for drunk driving and refuses to take a breathalyzer or sobriety test, the law enforcement officer can suspend the driver's license on the spot for up to one year. Administrative or "on the spot" license suspension is legal in 41 states. The law requires that all persons pulled over for drunk driving submit to a sobriety or breathalyzer test. If they refuse, it is grounds for administrative license suspension, whether the driver was guilty or not. In addition to the administrative on the spot license suspension, the driver will also be charged with an automatic DUI, which will stay on his or her driving record for years to come.

Under administrative license suspension law, however, the driver will be able to schedule a hearing with their court within 5-10 days of the arrest. Since the driver refused to take a breathalyzer test, the court will not take into account whether the driver was in fact drunk while driving. Instead, they will examine and consider circumstances such as:

  • Whether or not the arresting law enforcement officer had reasonable grounds to pull the driver over
  • Whether or not the driver was aware of the consequences of refusing a sobriety test or breathalyzer test
  • Whether or not the driver’s license should in fact be suspended

Administrative (on the spot) License Suspension Lawyers

If you are arrested for drunk driving and refuse to be tested, you have a limited number of days to take action. If you do not request a hearing in time, you may lose the right to fight your administrative license suspension and resulting DUI. A traffic law attorney can help you, as they are well experienced in administrative license suspension cases. A knowledgeable traffic lawyer can help you get your license back, as well as avoid a DUI, increases insurance rates, and other negative consequences.

Lawyer Referral Service

Attorney Search Network will refer you to a pre-qualified traffic law attorney with experience in Administrative License Suspensions. We will help ensure you get the legal advise you need, so that you can regain your driving privileges and avoid administrative license suspensions in the future.

If you have any questions about the information provided above, please contact us today. Call us toll free at (800) 215-1190 or fill out out online form for your Traffic Administrative (on the spot) License Suspension lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

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