Driving Under the Influence Arrests & Driver Licenses: FAQs
Arrest for DUI: General Information
I’ve just been arrested for driving under the influence. What now?
The police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form along with any driver license taken into possession with a sworn report to DMV.
DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results (such as a breathalyzer).
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’s license. How do I get it back?
Your driver’s license will be reinstated at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility (insurance). The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law (See California Vehicle Code sections 23136, 13353.1, 13388, 13392.) If it is determined that there is not a basis for the suspension or revocation, you may apply for a replacement DL at a DMV field office.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have a California driver’s license and your driver’s license is not expired, or your driving privilege is not suspended or revoked for some other reason.
How long will my driving privilege be suspended if I took the chemical test?
If you are 21 years old or older, took a blood or breath test, or (if applicable) a urine test, and the results showed a blood alcohol content (BAC) of 0.08% or more:
A first offense will result in a four-month suspension.
A second or subsequent offense within 10 years will result in a one-year suspension.
If you are under 21 years old, took a preliminary alcohol screening (PAS) test or other chemical test and results showed a BAC of 0.01% or more, your driving privilege will be suspended for one year.
Do I need a hearing to get a restricted license?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for an Ignition Interlock Device (IID) or a restricted license to drive to and from work.
The officer says I refused 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. If an officer states this, it means that you did not submit to or complete a blood or breath test after being requested to do so. 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 have hemophilia, or
You are taking anticoagulant medication due to a heart condition.
How long will my license be suspended if I don’t take the chemical test?
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or a urine test (if applicable):
A first offense will result in a one-year suspension.
A second offense within 10 years will result in a two-year revocation.
A third or subsequent offense within 10 years will result in a three-year revocation.
If you were under 21 years old 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 one-year suspension.
A second offense within 10 years will result in a two-year revocation.
A third or subsequent offense within 10 years will result in a three-year revocation.
How is the DMV suspension or revocation for the driving under the influence arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI).
The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
For more information, please visit the California DMV’s website here.
If you have been arrested or charged with driving under the influence call or email Chico attorney Davis W. Hewitt for a free 30-minute consultation about your case: (916)761-8049 or Davis@dwhlo.com or message him directly by clicking here.
We look forward to hearing from you!
