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I've just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of
the completed notice of suspension or revocation form and any driver
license taken into possession, with a sworn report to the DMV. The
DMV automatically conducts an administrative review that includes
an examination of the officer's report, the suspension or revocation
order, and any test results. If the suspension or revocation is
upheld during the administrative review, you may request a hearing
to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days
of receipt of the suspension or revocation order. If the review
shows there is no basis for the suspension or revocation, the action
will be set aside. You will be notified by the DMV in writing only
if the suspension or revocation is set aside following the administrative
review.
Click Here for "Things to
look for in a DUI Arrest"
At the time of my arrest, the officer confiscated my driver license.
How do I get it back?
Your driver license will be returned to you at the end of the suspension
or revocation, provided you pay (on or after January 1, 2003) a
$125 reissue fee to the DMV and you file proof of financial responsibility.
The reissue fee remains at $100 if you were under age 21 and were
suspended under the Zero Tolerance Law pursuant to Vehicle Code
§§23136, 13353.1, 13388, 13392. If you prevail at your
DMV hearing or If it is determined that there is not a basis for
the suspension or revocation, your driver license will be issued
or returned to you.
The officer issued me an Order of Suspension
and Temporary License.
What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension
or revocation was issued, provided you have been issued a California
driver license and your driver license is not expired, or your driving
privilege is not suspended or revoked for some other reason.
The Notice of Suspension that the officer
gave me at the time of my arrest states
I have ten days to request an administrative hearing. What is the
purpose of this
hearing and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation
is not justified. If you fail to make the request for hearing
and stay of suspension within 10 days of your arrest you will lose
your opportunity to contest the administrative suspension of your
license.
Click here for a list of
DMV offices.
For how long will my driving privilege be
suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test,
or (if applicable) a urine test, and the results showed 0.08% BAC
or more:
• A first offense will result in a 4-month suspension.
• A second or subsequent offense within 10 years will result
in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening
(PAS) test or other chemical test and results showed 0.01% BAC or
more, your driving privilege will be suspended for 1 year.
Do I need a hearing to get a restricted license
to go to and from work?
No. A request for a restricted license cannot be considered at the
DMV hearing. You may apply for a restricted license to drive to
and from work at any DMV field office.
The officer stated I refused to take a chemical
test. What does this mean?
You are required by law to submit to a chemical test to determine
the alcohol and/or drug content of your blood. You did not submit
to or complete a blood or breath test after being requested to do
so by a peace officer. As of January 1999, a urine test is no longer
available unless:
• The officer suspects you were driving under the influence
of drugs or a combination of drugs and alcohol, or
• Both the blood or breath tests are not available, or
• You are a hemophiliac, or
• You are taking anticoagulant medication in conjunction with
a heart condition.
How long will my driving privilege be suspended
for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused
or failed to complete a blood or breath test, or (if applicable)
a urine test:
• A first offense will result in a 1-year suspension.
• A second offense within 10 years will result in a 2-year
revocation.
• A third or subsequent offense within 10 years will result
in a 3-year revocation.
If you were under 21 years of age at the time of being detained
or arrested and you refused or failed to complete a PAS test or
other chemical test:
• A first offense will result in a 1-year suspension.
• A second offense within 10 years will result in a 2-year
revocation.
• A third or subsequent offense within 10 years will result
in a 3-year revocation.
How is the DMV suspension or revocation for the DUI arrest different
from the suspension or revocation following my conviction in criminal
court?
The DMV suspension or revocation is an administrative action taken
against your driving privilege only. The suspension or revocation
following a conviction in court is a mandatory action for which
jail, fine, or other criminal penalty can be imposed.
Source: California Department of Motor
Vehicles
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