§286-261 Effective date and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary driver's license permit and temporary motor vehicle registration and temporary license plates, if applicable, are extended by the director, administrative revocation shall become effective on the day specified in the notice. Except as provided in section 286-264, no driver's license nor motor vehicle registration and license plates, if applicable, shall be restored under any circumstances and no conditional permit shall be issued during the administrative revocation period.
(b) The periods of administrative revocation with respect to a driver's license and motor vehicle registration, if applicable, that shall be imposed under this part are as follows:
(1) A minimum of three months up to a maximum of one year revocation of driver's license, if the arrestee's driving record shows no prior alcohol enforcement contacts during the five years preceding the date of arrest;
(2) A minimum of one year up to a maximum of two years revocation of driver's license and all registrations of motor vehicles registered to the arrestee if the arrestee's driving record shows one prior alcohol enforcement contact during the five years preceding the date of arrest;
(3) A minimum of two years up to a maximum of four years revocation of driver's license and all registrations of motor vehicles registered to the arrestee if the arrestee's driving record shows two prior alcohol enforcement contacts during the seven years preceding the date of arrest;
(4) Lifetime revocation of driver's license and prohibition on all subsequent motor vehicles registrations by the arrestee if the arrestee's driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest; or
(5) For arrestees under the age of eighteen years, the revocation of the driver's license for the period remaining until the arrestee's eighteenth birthday, or for the appropriate revocation period provided in paragraphs (1) to (4) or in subsection (d), whichever is longer.
(c) Whenever a motor vehicle registration is revoked under this part, the director shall cause the revocation to be entered electronically into the motor vehicle registration file of the arrestee.
(d) The driver's license of an arrestee who refuses to be tested after being informed of the sanctions of this part shall be revoked under subsection (b)(1), (2), (3), and (4) for a period of one year, two years, four years, and a lifetime, respectively.
(e) In addition to subsection (d), the motor vehicle registration and license plates of an arrestee who is a repeat intoxicated driver and who refused to be tested after being informed of the sanctions of this part shall be revoked for the periods specified in subsection (d), and the arrestee shall be prohibited from subsequently registering any motor vehicle for the applicable revocation period.
(f) Whenever a driver's license is administratively revoked under this part, the offender shall be referred to a certified substance abuse counselor for an assessment of the arrestee's alcohol abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the arrestee's alcohol abuse or dependence warrants treatment, the director shall so order. All costs for assessment and treatment shall be paid by the arrestee.
(g) Alcohol enforcement contacts that occurred prior to August 1, 1991, shall be counted in determining the administrative revocation period.
(h) Alcohol enforcement contacts that occurred prior to September 30, 2000 shall be counted in determining the administrative revocation period for motor vehicle registration. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §13; am L 1995, c 226, §7; am L 2000, c 189, §16]