Admin Per Se: Legal Definition & Impact on DUI Laws

According to the National Highway Traffic Safety Administration (NHTSA), over 1 million drivers are arrested annually for driving under the influence (DUI) or driving while intoxicated (DWI). All 50 U.S. states and Washington D.C. have adopted Administrative License Suspension/Revocation (ALR) laws—commonly referred to as Admin Per Se laws—to combat impaired driving.

Admin Per Se means that the state’s Department of Motor Vehicles (DMV) can suspend your driver’s license immediately after a failed or refused chemical test, without waiting for a criminal conviction.

What Does “Admin Per Se” Mean?

The term “Admin Per Se” comes from Latin, where “per se” means “by itself” or “in itself.”
So in legal language, “Administrative Per Se” translates to “administrative by itself.”

The administrative action (like suspending your license) happens automatically — by itself, based solely on the chemical test results or refusal, not dependent on a court conviction.

Example:

If you’re stopped for DUI and your blood alcohol concentration (BAC) is 0.08% or higher, your license can be suspended on the spot, even before a judge hears your case.

The Legal Framework Behind Admin Per Se Laws

The roots of Admin Per Se laws trace back to the 1980s, when rising DUI fatalities pushed the U.S. federal government to encourage states to adopt stronger drunk driving measures.

In 1983, California became the first state to pass an Admin Per Se law. The approach proved so effective in reducing repeat DUI offenses that the U.S. Congress urged all states to adopt similar laws by the early 1990s.

Federal Support and Pressure

The Transportation Equity Act for the 21st Century (TEA-21) provided federal highway funds to states that implemented strong DUI countermeasures—including Admin Per Se and 0.08% BAC limits.

By 2005, every U.S. jurisdiction had some version of an Admin Per Se process in place.

The Step-by-Step Process of Admin Per Se Suspension

Let’s walk through how an Admin Per Se suspension usually happens after a DUI arrest:

Step 1: The Traffic Stop

A driver is pulled over on suspicion of DUI (swerving, speeding, or erratic driving). The officer conducts a field sobriety test.

Step 2: Chemical Testing

The driver is asked to take a breath, blood, or urine test.

• If the driver’s BAC ≥ 0.08% (or 0.04% for commercial drivers), it’s a failed test.
• If the driver refuses, it triggers an automatic suspension under implied consent laws.

Step 3: Immediate License Confiscation

If the test is failed or refused, the officer confiscates the driver’s license on the spot and issues a temporary license (usually valid for 30 days).

Step 4: Notice of Suspension

The driver receives a Notice of Suspension, which explains:

• The reason for suspension
• The duration
• The right to request a DMV administrative hearing

Step 5: DMV Administrative Hearing

The driver can contest the suspension (usually within 10–14 days). This hearing is separate from any criminal court case.

Step 6: Suspension or Reinstatement

If the DMV finds the suspension valid, the license is suspended for a set period:

• 90 days for a first-time offender (failed test)
• 1 year for test refusal
• Longer for repeat offenders

Learn More: Can You Go to Jail for Not Paying Taxes?

Admin Per Se vs. Criminal DUI Charges

The Admin Per Se process and criminal DUI prosecution are two separate tracks:

Aspect	Admin Per Se (Administrative)	DUI Charge (Criminal)
Authority	DMV or equivalent agency	Court system
Trigger	Failed/refused BAC test	Arrest and criminal complaint
Burden of Proof	Preponderance of evidence	Beyond a reasonable doubt
Outcome	License suspension	Jail, fines, probation, etc.
Timing	Immediate	After trial or plea

A person can win their criminal case yet still lose their license under Admin Per Se, or vice versa.

State-by-State Admin Per Se Laws

Alabama

Alabama’s Admin Per Se law under §32-5A-300.
BAC ≥ 0.08% → 90-day suspension (first offense).
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

Alaska

Alaska Stat. §28.15.165 governs Admin Per Se.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 90-day to 1-year revocation.
Hearing requests due within 7 days.

Arizona

Admin Per Se under A.R.S. §28-1385.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 15 days.

Arkansas

Arkansas Code §5-65-104 outlines the ALR law.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 180-day suspension.
Hearing must be requested within 7 days.

California

California Vehicle Code §13353.2.
BAC ≥ 0.08% → 4-month suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

Colorado

Colorado Revised Statutes §42-2-126.
BAC ≥ 0.08% → 9-month suspension.
Refusal → 1-year revocation.
Hearing request within 7 days.

Connecticut

Connecticut General Statutes §14-227b.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 6-month suspension.
Hearing must be requested within 7 days.

Delaware

Delaware Code Title 21 §2742.
BAC ≥ 0.08% → 3-month suspension.
Refusal → 1-year suspension.
Hearing must be requested within 15 days.

Florida

Florida Statute §322.2615.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year suspension.
Drivers have 10 days to challenge.

Georgia

Georgia Code §40-5-67.1.
BAC ≥ 0.08% → 1-year suspension.
Refusal → 1-year suspension (no limited permit).
Hearing request due within 30 days.

Hawaii

Hawaii Revised Statutes §291E-33.
BAC ≥ 0.08% → 1-year revocation.
Refusal → 2-year revocation.
Hearing request within 8 days.

Idaho

Idaho Code §18-8002A.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 7 days.

Illinois

Illinois Vehicle Code §625 ILCS 5/11-501.1.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 12-month suspension.
Hearing must be requested within 90 days.

Indiana

Indiana Code §9-30-6-9.
BAC ≥ 0.08% → 180-day suspension.
Refusal → 1-year suspension.
Hearing request within 10 days.

Iowa

Iowa Code §321J.12.
BAC ≥ 0.08% → 180-day suspension.
Refusal → 1-year revocation.
Hearing must be requested within 10 days.

Kansas

Kansas Statutes §8-1014.
BAC ≥ 0.08% → 30-day suspension + restrictions.
Refusal → 1-year suspension.
Hearing must be requested within 14 days.

Kentucky

Kentucky Revised Statutes §189A.107.
BAC ≥ 0.08% → 30–120-day suspension.
Refusal → 30–120-day suspension plus penalties.
Hearing must be requested within 10 days.

Louisiana

Louisiana Revised Statutes §32:667.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 30 days.

Maine

Maine Statute Title 29-A §2453.
BAC ≥ 0.08% → 150-day suspension.
Refusal → 275-day suspension.
Hearing must be requested within 10 days.

Maryland

Maryland Transportation Code §16-205.1.
BAC ≥ 0.08% → 45-day suspension.
Refusal → 270-day suspension.
Hearing request due within 30 days.

Massachusetts

Massachusetts General Laws ch.90 §24(1)(f)(1).
BAC ≥ 0.08% → 30-day suspension.
Refusal → 180-day suspension.
Hearing request within 15 days.

Michigan

Michigan Compiled Laws §257.625f.
BAC ≥ 0.08% → 180-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 14 days.

Minnesota

Minnesota Statutes §169A.52.
BAC ≥ 0.08% → 90-day revocation.
Refusal → 1-year revocation.
Hearing must be requested within 30 days.

Mississippi

Miss. Code §63-11-23.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 90-day to 1-year suspension.
Hearing must be requested within 10 days.

Missouri

Missouri Revised Statutes §302.505.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 15 days.

Montana

Montana Code Annotated §61-8-402.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year suspension.
Hearing request within 30 days.

Nebraska

Nebraska Revised Statutes §60-498.01.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

Nevada

Nevada Revised Statutes §484C.220.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year revocation.
Hearing request within 7 days.

New Hampshire

NH RSA §265-A:30.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 2-year suspension.
Hearing must be requested within 30 days.

New Jersey

New Jersey Statutes §39:4-50.4a.
BAC ≥ 0.08% → 7-month suspension.
Refusal → 7–12-month suspension.
Hearing must be requested within 30 days.

New Mexico

New Mexico Statutes §66-8-111.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

New York

New York Vehicle and Traffic Law §1194.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year revocation.
Hearing request within 10 days.

North Carolina

N.C. General Statutes §20-16.2.
BAC ≥ 0.08% → 30-day civil revocation.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

North Dakota

North Dakota Century Code §39-20-04.
BAC ≥ 0.08% → 91-day suspension.
Refusal → 180-day suspension.
Hearing request within 10 days.

Ohio

Ohio Revised Code §4511.191.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 30 days.

Oklahoma

Oklahoma Statutes Title 47 §753.
BAC ≥ 0.08% → 180-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 30 days.

Oregon

Oregon Revised Statutes §813.410.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

Pennsylvania

75 Pa. Cons. Stat. §1547.
BAC ≥ 0.08% → 12-month suspension (if convicted).
Refusal → 12–18-month suspension.
Hearing must be requested within 30 days.

Rhode Island

R.I. Gen. Laws §31-27-2.1.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 6-month to 1-year suspension.
Hearing must be requested within 10 days.

South Carolina

South Carolina Code §56-5-2951.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 6-month suspension.
Hearing request within 30 days.

South Dakota

S.D. Codified Laws §32-23-11.
BAC ≥ 0.08% → 30-day suspension.
Refusal → 1-year revocation.
Hearing must be requested within 10 days.

Tennessee

Tennessee Code §55-10-406.
BAC ≥ 0.08% → 1-year revocation.
Refusal → 1-year revocation (2 years if prior).
Hearing must be requested within 10 days.

Texas

Texas ALR Program under §724.035.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 180-day suspension.
Hearing request due within 15 days.

Utah

Utah Code §41-6a-520.
BAC ≥ 0.05% → 120-day suspension.
Refusal → 18-month suspension.
Hearing must be requested within 10 days.

Vermont

Vermont Statutes Title 23 §1205.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 6-month suspension.
Hearing request within 7 days.

Virginia

Virginia Code §46.2-391.2.
BAC ≥ 0.08% → 7-day suspension.
Refusal → 1-year suspension.
Hearing request within 30 days.

Washington

RCW §46.20.308 governs Admin Per Se.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 7 days.

West Virginia

W.Va. Code §17C-5A-1.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing request within 30 days.

Wisconsin

Wisconsin Statutes §343.305.
BAC ≥ 0.08% → 6-month suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

Wyoming

Wyoming Statutes §31-6-102.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 6-month suspension.
Hearing must be requested within 20 days.

District of Columbia

D.C. Code §50–2206.01.
BAC ≥ 0.08% → 90-day suspension.
Refusal → 1-year suspension.
Hearing must be requested within 10 days.

The Effectiveness of Admin Per Se Laws

The NHTSA found that states adopting Admin Per Se laws saw a 5–9% reduction in fatal crashes involving alcohol within the first year.

Why It Works:

• Creates immediate consequences.
• Reduces repeat offenses.
• Encourages compliance with chemical testing.

Between 1982 and 2023, alcohol-related traffic fatalities dropped from 48% to 30% of total road deaths—a dramatic decline partially attributed to Admin Per Se enforcement.

Rights of Drivers Under Admin Per Se

Drivers still have rights. Here’s what you can legally do:

1. Request a DMV Hearing:
   File within the deadline (10–15 days).
2. Hire a DUI Attorney:
   They can challenge procedural errors or test accuracy.
3. Review the Evidence:
   You have the right to access the officer’s report and test records.
4. Appeal a DMV Decision:
   If denied, you can appeal to a state court.
5. Apply for Restricted License:
   Some states allow limited driving privileges for work or school.

Common Defenses in Admin Per Se Hearings

DUI defense attorneys often challenge:

• Improper stop (no reasonable suspicion)
• Faulty testing equipment
• Incorrect BAC results
• Failure to follow legal procedures
• Medical conditions mimicking intoxication

Winning an Admin Per Se hearing isn’t easy, but procedural errors or invalid test results can make a difference.

What To Do If You Face an Admin Per Se Suspension?

If you’re caught in this situation:

1. Act immediately. Request a DMV hearing within the time limit.
2. Consult a DUI lawyer. They understand procedural loopholes.
3. Prepare documentation. Gather test results, arrest reports, and witness statements.
4. Stay proactive. Ask about restricted licenses to maintain essential driving privileges.

Time is everything in Admin Per Se cases. Missing a hearing deadline usually means automatic suspension.

Statistics Snapshot

Metric	Value	Source
States with Admin Per Se laws	50 + D.C.	NHTSA
Avg. suspension for first offense	90 days	NHTSA
Reduction in alcohol-related fatalities	5–9%	NHTSA
Avg. BAC of arrested drivers	0.15%	CDC
Annual DUI arrests (U.S.)	1.1 million	FBI Uniform Crime Reports

Final Thoughts

Admin Per Se laws may sound bureaucratic, but they’re a critical tool in fighting drunk driving. They act fast, protect the public, and remind every driver that actions have immediate consequences.

If you ever face an Admin Per Se suspension, remember—time and knowledge are your best defense. Understand your rights, request your hearing, and act decisively.

Drunk driving can destroy lives, but understanding the law can save one—possibly your own.

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