38.02.170 Administrative Sanction for Driving or Being in Physical Control of a Vehicle While Having Certain Blood Alcohol Concentration

(a) After the receipt of a person's operator's license, if taken under Section 38.02.140 or 38.0215 and the certified report of a law enforcement officer and if no written request for hearing has been received from the arrested person under Section 38.02.180, or if that hearing is requested and the findings, conclusion, and decision from the hearing confirm that the law enforcement officer had reasonable grounds to arrest the person and test results show that the arrested person was driving or in physical control of a vehicle while having a blood alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a test within two hours after driving or being in physical control of a motor vehicle, the director shall suspend the person's operator's license as follows:

(1) For ninety-one days if the person's driving record shows that, within the five years preceding the date of the arrest, the person has not previously, violated Section 38.02.080 or equivalent ordinance or the person's operator's license has not previously been suspended or revoked under this chapter.

(2) For three hundred sixty-four days if the person's driving record shows that within the five years preceding the date of the arrest, the person has once previously violated Section 38.02.080 or equivalent ordinance or the person's operator's license has once previously been suspended or revoked under this chapter.

(3) For two years if the person's driving record shows that within the five years preceding the date of the arrest, the person's operator's license has at least twice previously been suspended, revoked or issuance denied under this chapter, or for a violation of Section 38.02.080 or equivalent ordinance, or any combination thereof, and the suspensions, revocations, or denials resulted from at least two separate arrests.

(b) In the suspension of the person's operator's license the director shall give credit for the time the person was without an operator's license after the day of the offense, except that the director may not give credit for the time the person retained driving privileges through a temporary operator's permit issued under Section 38.02.140 or Section 38.02.150