Use/Lose: Driving Privileges

On January 1, 1999, Alaska Stat. § 28.15.185 was amended such that the revocation of driving privileges was no longer a penalty for a first offense of minor consumption or possession. APIS only includes provisions that impose a license sanction for first offenses.

In addition to the 30 day suspension penalty mentioned in the table above, Connecticut imposes a license suspension of 60 days if underage possession occurs "on any public street or highway." See Conn. Gen. Stat. §§ 14-111e(a), 30-89(b)(1). APIS does not code provisions that apply only when the minor is located on a public street or highway.

With respect to underage possession, Georgia imposes a license sanction only if the possession occurs while operating a motor vehicle. See Ga. Code Ann. § 40-5-63(e). APIS does not address provisions that apply only when the minor is the operator or passenger of a motor vehicle.

Although Missouri does not authorize a Use / Lose penalty for all underage consumption, a law that became effective on August 28, 2005 imposes the mandatory license sanction on an underage person who “has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood.” See Mo. Rev. Stat. §§ 311.325(1), 577.500(2) (2005), 302.400 (2017).

Although New Hampshire does not authorize a Use / Lose penalty for all underage consumption, a law that became effective on January 1, 2003, imposes a discretionary license sanction on minors who are "intoxicated by consumption of an alcoholic beverage," and provides that an alcohol concentration "of .02 or more shall be prima facie evidence of intoxication.” See N.H. Rev. Stat. Ann. §§ 179:10(I), 263:56-b.

In Oklahoma, the denial of driving privileges is a consequence imposed on those under 18 years who have possessed an intoxicating beverage or purchased, possessed, or consumed low-point beer (defined as containing not more than 3.2 percent ABW). The Department of Public Safety is required to cancel or deny driving privileges for one of four possible periods of time as recommended by the court: (1) for a period not to exceed six (6) months; (2) for a period not to exceed one (1) year; (3) for a period not to exceed two (2) years; or (4) until the person attains twenty-one (21) years of age.

In Oklahoma, the denial of driving privileges is a consequence imposed on those under 18 years who have possessed an intoxicating beverage or purchased, possessed, or consumed low-point beer (defined as containing not more than 3.2 percent ABW). Between July 1, 2006 and October 31, 2010, the law required the court to order the Department of Public Safety to cancel or deny driving privileges for a period of 6 months for a first offense from the date of the offense or from the date the person reaches 16 years, whichever period of time is longer. In addition, the court has the discretion to impose a longer cancellation or denial period which can extend to the offender’s 21st birthday. After November 1, 2010, the legislature did not change the 6 month mandatory period and the provision regarding the court’s discretion to impose a longer penalty but revised the law’s application to those under 16 years of age. It no longer requires the court to begin the 6 month mandatory cancellation or denial period upon the 16th birthday. It instead requires that the period be extended to the offender’s 16th birthday if the period would otherwise end before that date.

Effective November 1, 2015, the denial of driving privileges is a consequence imposed on those under 18 years who have purchased, possessed or consumed low-point beer (defined as containing not more than 3.2 percent ABW) or any intoxicating beverage. Prior to November 2015, the denial of driving privileges was a consequence imposed on those under 18 years who have possessed an intoxicating beverage or purchased, possessed, or consumed low-point beer. Between July 1, 2006 and October 31, 2010, the law required the court to order the Department of Public Safety to cancel or deny driving privileges for a period of 6 months for a first offense from the date of the offense or from the date the person reaches 16 years, whichever period of time is longer. In addition, the court has the discretion to impose a longer cancellation or denial period which can extend to the offender’s 21st birthday. After November 1, 2010, the legislature did not change the 6 month mandatory period and the provision regarding the court’s discretion to impose a longer penalty but revised the law’s application to those under 16 years of age. It no longer requires the court to begin the 6 month mandatory cancellation or denial period upon the 16th birthday. It instead requires that the period be extended to the offender’s 16th birthday if the period would otherwise end before that date.

Beginning on October 1, 2018, the denial of driving privileges is a consequence imposed on those under 18 years who have possessed any intoxicating beverage or low-point beer. Between September 30, 2018 and November 1, 2015, the denial of driving privileges is a consequence imposed on those under 18 years who have purchased, possessed or consumed low-point beer (defined as containing not more than 3.2 percent ABW) or any intoxicating beverage. Prior to November 2015, the denial of driving privileges was a consequence imposed on those under 18 years who have possessed an intoxicating beverage or purchased, possessed, or consumed low-point beer. Between July 1, 2006 and October 31, 2010, the law required the court to order the Department of Public Safety to cancel or deny driving privileges for a period of 6 months for a first offense from the date of the offense or from the date the person reaches 16 years, whichever period of time is longer. In addition, the court has the discretion to impose a longer cancellation or denial period which can extend to the offender’s 21st birthday. After November 1, 2010, the legislature did not change the 6 month mandatory period and the provision regarding the court’s discretion to impose a longer penalty but revised the law’s application to those under 16 years of age. It no longer requires the court to begin the 6 month mandatory cancellation or denial period upon the 16th birthday. It instead requires that the period be extended to the offender’s 16th birthday if the period would otherwise end before that date.

Whenever a person who is 17 years of age or younger, but not younger than 13 years of age, is convicted of any offense involving the use or abuse of alcohol, the Department of Transportation shall impose a suspension for one year, or until the person so suspended reaches 17 years of age, whichever is longer.

Whenever a person who is 17 years of age or younger, but not younger than 13 years of age, is convicted of any offense involving the use or abuse of alcohol, the Department of Transportation shall impose a suspension for one year, or until the person so suspended reaches 17 years of age, whichever is longer.