An arrest for violating California Vehicle Code § 23152(a) (driving while under the influence of alcohol) and/or violating California Vehicle Code § 23152(b) (driving with a blood alcohol content (BAC) of .08 or higher) results in a series of events affecting a motorist’s right to drive. Of course, any accusation of DUI potentially carries other serious consequences for any motorist in California. An experienced criminal defense attorney can help you achieve the best possible result if you have been charged with offenses under California Vehicle Code § 23152(a) and California Vehicle Code § 23152(b).
After a DUI arrest, California law requires the arresting law enforcement officer to immediately forward a copy of the completed notice of suspension or revocation form and any driver license with a sworn statement and report to the California Department of Motor Vehicles (DMV). Upon receipt of these forms and a driver’s license, the DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results like a blood or breathalyzer test.
If you are accused of and arrested for DUI, you have the right to request a hearing within 10 days of your receipt of the suspension or revocation order. If the administrative review by the DMV indicates that there is no basis for the suspension or revocation, it will set your suspension or license revocation aside and notify you in writing.
If you acquiesce to the suspension or revocation, the State of California will reinstate your driver’s license at the end of the suspension or revocation. However, you are required to pay a $125 reissue fee and file proof of financial responsibility. The reissue fee is $100 for those under age 21 who were suspended under California’s Zero Tolerance Law. If the DMV determines that no grounds exist for the suspension or revocation of your license, you may apply for a duplicate license at a DMV location near you.
If the order of suspension or revocation is issued, you may still You may drive for 30 days from the date of the order if you have a valid California driver’s license that has not expired, and the court has not suspended or revoked your license for other reasons. If you request a hearing, you will have the opportunity to show that the suspension or revocation is unjustified.
If you are 21 years old or older and submitted to a breathalyzer, blood, or urine test and the results indicated that your BAC exceeds California’s legal limit of .08, California will suspend your license for four months if it is your first offense. A second or subsequent offense within 10 years will result in a one-year suspension. If you are under 21 years old and you took tests such as a preliminary alcohol screening (PAS) test that showed a result of BAC of 0.01% or higher, your driving privilege will be suspended for one year.
The Dolan Law Offices can answer your questions and provide valuable advice and service if you have been charged with driving under the influence of drugs or alcohol. John Patrick Dolan has forty years of criminal defense experience. Contact Dolan Law Offices today at 760-775-3739 or 562-824-4007 to discuss your situation or find out more online here.
