fight-my-dui.com - DUI FAQ's

How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

Neil Shouse — 2006-01-13T12:07+00:00

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.

How long will my driving privilege be suspended for not taking the chemical test?

Neil Shouse — 2006-01-13T12:06+00:00

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.

The officer stated I refused to take a chemical test. What does this mean?

Neil Shouse — 2006-01-13T12:05+00:00

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.

Do I need a hearing to get a restricted license to go to and from work?

Neil Shouse — 2006-01-13T12:04+00:00

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.

For how long will my driving privilege be suspended if I took the chemical test?

Neil Shouse — 2006-01-13T12:02+00:00

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.

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?

Neil Shouse — 2006-01-13T11:58+00:00

A hearing is your opportunity to show that the suspension or revocation is not justified.

The police officer issued me an "Order of Suspension" and a "Temporary Driver's License". What am I supposed to do with this document?

Neil Shouse — 2006-01-12T20:55+00:00

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.

When I was arrested for DUI, the police officer confiscated my driver's license. How can I get it back?

Neil Shouse — 2006-01-12T20:45+00:00

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.

You have been arrested for a California DUI. Will the DMV try to take my driver's license?

Neil Shouse — 2006-01-12T20:17+00:00

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.