The Dual Track: Administrative vs. Criminal
Most drivers are unaware that a DUI arrest triggers two separate and distinct legal processes. The Criminal Track deals with fines, jail time, and your permanent record through the judicial system. The Administrative Track, often called Administrative License Revocation (ALR), is a civil matter handled by the DMV or Department of Public Safety. The ALR process moves with extreme speed; in many states, your license is technically suspended the moment you are arrested, and the citation you receive doubles as a temporary 15-day permit.
The 15-Day Window: Saving Your Privileges
ALR laws allow the state to suspend your license before you are ever convicted in a court of law. This is a safety-based administrative action rather than a punitive criminal one. To contest this suspension, you must request an ALR Hearing—typically within 15 days of your arrest date. If you miss this deadline, your license will be automatically suspended on the 16th day, regardless of how strong your legal defense is in the criminal case. This hearing is often the only way to delay a suspension while your attorney builds a defense.
Implied Consent: The Cost of Refusal
Every driver in the US has already agreed to a chemical test—breath, blood, or urine—as a condition of receiving their driver's license. This is known as 'Implied Consent.' If you refuse the roadside or station-house breathalyzer, you are violating a civil contract with the state. The penalties for refusal are almost always harsher than the penalties for failing the test with a high BAC.
Premium Benchmarks
Failure (BAC > 0.08%)
90 - 180 Day Susp./mo
Standard administrative penalty; often eligible for an immediate hardship license with an SR-22.
Refusal (Violating Consent)
1 - 2 Year Susp./mo
Punitive civil penalty; often ineligible for hardship permits for the first 90 days.
The Immediate Post-Arrest Roadmap
The actions you take in the first two weeks after an arrest dictate whether you will be able to drive to work while your case is pending. Following this structured roadmap is essential for maintaining your mobility.
01
Request ALR Hearing
Submit the request to the DMV within the first 7 days of arrest to ensure your hearing is scheduled before the 15-day permit expires.
02
Secure an SR-22 Early
Having an SR-22 already on file with the DMV makes you instantly eligible for a restricted license the moment a suspension takes effect.
03
Verify Implied Consent Script
Work with an attorney to verify if the officer read the mandatory warning script; errors here can overturn a refusal suspension.
The Administrative Record vs. Court
It is a dangerous misconception that winning your court case will fix your DMV record. These are two separate silos of information. In many states, even if a judge finds you not guilty of a DUI, your license remains suspended for the Implied Consent violation.
The Administrative Record Warning: A breathalyzer refusal creates a permanent civil record that insurers use to place you in a non-standard tier. This mandates an SR-22 filing for three years, regardless of the criminal outcome. Plan for the SR-22 requirement as an administrative certainty.
Conclusion
The 15-day window following a DUI arrest is the most critical period for any driver. By understanding that the ALR process is a civil race against time and that Implied Consent is a contractual obligation, you can take the necessary steps to protect your mobility. Requesting your hearing and securing an SR-22 early are the only technical ways to bridge the gap between an arrest and the eventual resolution of your case.