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DMV License Revocation

When an underage driver is pulled over and tests positive for alcohol in their system there are what’s called “per se” license revocations administered through the DMV. These license revocations are different than the one year revocation due to a criminal conviction. Instead, these are effective regardless of the criminal case’s outcome. These revocations are as follows:

  1. BAC from .021 to .049 results in a one month revocation (no driving permitted) follow by a two month probationary license
  2. BAC from .05 to .079 results in three months of revocation (no driving permitted)
  3. BAC from .08 and up results in nine months of revocation (no driving permitted)

*A second time you are found to have a BAC anywhere up to .20 results in six months revocation
**A third time of having a BAC anywhere up to .20 results in one year revocation

Criminal Conviction

An underage driver’s “conviction” of a DUI or DWAI will result in a one year revocation of the driver’s license. There is no probationary license/ignition interlock allowed, this is one year of no driving whatsoever.

This one year runs concurrent to any revocation through the DMV. For example, if an underage driver has a BAC of .065 then they will 1) lose their driver’s license for three months through the DMV, and 2) if at the conclusion of their criminal case they are convicted of DUI/DWAI then they will lose their license for one year but will be given credit for the three months they have already been revoked.

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