How is the DMV suspension or revocation for the DUI
arrest different from the suspension or revocation following
my
conviction in criminal
court?
I've just been arrested for Driving Under the Influence. 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.
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 a $100.00 reissue
fee to the DMV and
you file
proof of financial responsibility. If it is determined that there is
not 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.
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 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 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 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 years will result in a 3-year
revocation.
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
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 7 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.
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.
