Getting pulled over for any reason can be very frightening, especially if you’ve had a few drinks. It’s always in your best interest to fully comply with any requests made by the police because we all know how quickly an interaction with law enforcement can become dangerous and even deadly.
Similarly, there are several things you should know if you are charged with a DUI offense in California. Here are five factors to be aware of:
#1 - It’s important to act quickly.
If you’re arrested for a DUI offense, your driver’s license will immediately be suspended by the California Department of Motor Vehicles (DMV) following an administrative review of the officer’s report, the suspension or revocation order, as well as any test results (i.e. breathalyzer).
You’re within your rights to request a hearing from the DMV within 10 days of receiving the suspension or revocation order. If the review provides proof that there is no basis for the suspension or revocation, then the action will be set aside. You’ll be alerted by the DMV in writing only if the suspension or revocation is held for administrative review.
#2 - The arresting officer will confiscate your driver’s license.
If you are charged with a DUI offense, you should expect the arresting officer to take your driver’s license at the time of the arrest.
You will only get your license back once the suspension or revocation has concluded. You must pay a $125 reissue fee to the DMV and provide proof of financial responsibility (auto insurance).
If you’re under 21 years of age and your license was suspended under the Zero Tolerance Law, the reissue fee will be reduced to $100.
Depending on the circumstances, your license may not be suspended or revoked, in which case you don’t have to wait to apply for a duplicate license at a DMV field office.
#3 - You may be issued an Order of Suspension and Temporary License.
If the officer issues you an Order of Suspension and Temporary License, that means you have driving privileges for 30 days from the date the order of suspension or revocation was issued.
If you are given a Notice of Suspension at the time of the arrest, you will be provided 10 days to request an administrative hearing. This hearing is your opportunity to prove that the suspension or revocation is unjustified.
#4 - The amount of time your license is suspended will depend on the number of DUIs you have had.
If you are at least 21 years old, you submitted to a breath, blood, or (if appropriate) urine test, and the results displayed a blood alcohol content (BAC) of 0.08% or more:
- The first offense will trigger a four-month suspension.
- A second or subsequent offense within a 10 year period will trigger a one-year suspension.
If you are younger than 21, submitted to a preliminary alcohol screening (PAS) test or other chemical test and the results displayed a BAC of 0.01% or more, your license will be suspended for one year.
#5 - You may still be allowed to drive to and from work.
Depending on your situation, you may be able to apply for a restricted license or an ignition interlock device (IID) in order to legally drive to and from work.
If you have been arrested for a DUI offense, it’s imperative that you seek legal representation right away. The courts take these matters very seriously, which means you should too. Don’t delay—contact our office right away to discuss the details of your case.