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Frequently asked questions regarding California DUI's.

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.

Submitted on 2006-01-13 in  |  Permalink |  Comments (0) |  TrackBack (5)

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.
Submitted on 2006-01-13 in  |  Permalink |  Comments (0) |  TrackBack (5)

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.
Submitted on 2006-01-13 in  |  Permalink |  Comments (0) |  TrackBack (5)

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.

Submitted on 2006-01-13 in  |  Permalink |  Comments (0) |  TrackBack (6)

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.

Submitted on 2006-01-13 in  |  Permalink |  Comments (0) |  TrackBack (5)
You may drive for 30 days of this document as long as you meet the following conditions.

You are allowed to drive for 30 days from the date of the Order of Suspension or Revocation was issued, provided you have been issued a California driver's license and your California's driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

You will have to pay a reissue fee and show proof of auto insurance after your suspension or revocation to get your confiscated driver's license back.

Your California's driver's license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the California DMV and you file proof of financial responsibility.  The reissue fee is $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's license will be issued or returned to you.

Submitted on 2006-01-12 in California DMVDriver's License Suspension  |  Permalink |  Comments (0) |  TrackBack (5)
Yes! The California DMV will start an immediate process to suspend your driver's license.

The arresting police officer is required by law to forward a copy of the suspension or revocation form and your driver's license that was taken into possesion at the time of arrest, with a sworn report to the California DMV.  The California DMV will automatically conduct an administrative review of your case that includes an examination of the police officer's report, the suspension or revocation order and any breath test or blood test results that were taken at the time of incident.  If the administrative review of your suspension or revocation is upheld by the California DMV, you may request a hearing to contest the outcome of the suspension or revocation.

You have the right to request a hearing from the California DMV within 10 days of receipt of the suspension or revocation order.  If the administrative review shows there is no basis for the suspension or revocation of your driver's license, the action will be set aside.  You will be notified by the California DMV in writing only if the suspension or revocation is set aside following the administrative review.

Submitted on 2006-01-12 in California DMVCalifornia DUI  |  Permalink |  Comments (0) |  TrackBack (5)