Being in Actual Physical Control of a Motor Vehicle
Authority:
This is a revocation stemming from a conviction for Being In Actual Physical Control ("APC") of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or combination of influence of alcohol and any other intoxicating substance. If the revocation is a driver's first revocation, the period of revocation is one hundred eighty (180) days. If the revocation is a driver’s second revocation within the preceding ten (10) years, the period of revocation is one (1) year or longer. If the revocation is a driver’s third or more within the preceding ten (10) years, then the period of revocation is three (3) years or longer.
To reinstate this type of Order of Revocation, the driver must:
- Surrender any type of driver license or permit in their possession to DPS as directed in the Order of Revocation;
- Serve the statutory period of revocation (180 days, 1 year or 3 years) as described above;
- Pay the statutory fees in the amount of $315.00* to DPS (plus an additional $50.00 restricted driver license fee when the installation of an ignition interlock device is required as a prerequisite and condition for reinstatement** which raises the total amount of fees to $365.00)
- Attend a State approved Alcohol/Drug Assessment and complete all recommendations following the assessment. It may take up to twelve months to complete the requirement. Upon completion of all requirements, a completion certificate will be provided to you by the assessor. The driver must provide the completion certificate to the Driver Compliance Division of DPS; and
- If the revocation is the driver’s second revocation as shown by the Department’s records, the driver will also be required to have an ignition interlock device installed on their vehicle as a prerequisite and condition for reinstatement**** for a period of four (4) years; and if the revocation is the driver’s third or subsequent revocation, for a period of five (5) years.
*NOTE: The amount of statutory fees for reinstatement is dependent on the laws in effect at the time of the offense and are subject to change by the Legislature.
**NOTE: To determine when an Ignition Interlock Device is required as a condition of reinstatement please refer to “Ignition Interlock Device Requirements for Reinstatement After the Mandatory Period of Revocation”.
***NOTE: The interlock requirements for reinstatement are separate and distinct from interlock requirements required as a condition for modified driver license during the period of revocation. Interlock installation time accrued during the issuance of a modified driver license DOES NOT count toward the interlock installation time required for reinstatement.
NOTE: The reinstatement requirements listed above DO NOT address when a driver has been classified as an excessive user of alcohol or of a combination of alcohol and any other intoxicating substance, and inimical to public safety (“Excessive User”). In all instances where a driver has been classified as an “Excessive User”, the driver will have to appear before and participate in an informal interview with a DPS Driver Compliance Hearing Officer and fulfill any and all additional requirements for reinstatement before reinstatement will be allowed.
