Arrest for Driving Under the Influence (DUI): General
Information
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I've just
been arrested for DUI.in Southern California 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.
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At the time of
my DUI arrest, the California state 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 it is determined that there is not a basis for
the suspension or revocation, your driver license will be issued
or returned to you.
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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.
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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.
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For how long
will my California 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.
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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.
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The
Caifornia 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.
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How long will
my Southern California 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.
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How is the
California 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.