California DMV
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For 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 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.
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.
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.
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.
