Anyone with a California driver’s license arrested for violating California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and/or California Vehicle Code § 23152(b) VC (driving with a BAC of .08 or higher) faces consequences that affect his or her driving privilege. A DUI charge will affect a driver’s license significantly. The assistance of seasoned criminal defense counsel may minimize these effects.
Once a motorist is charged with a DUI, the arresting officer is required to confiscate the individual’s driver’s license. The arresting officer submits a report that is a sworn statement as well as the completed notice of suspension or revocation form to the California Department of Motor Vehicles (DMV).
Next, the DMV will conduct an administrative review of the case, including the suspension or revocation order, any test results, and the officer’s sworn statement. Motorists have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. If set aside, drivers may apply for a duplicate operator’s license.
If the suspension or revocation is not set aside, the suspension or revocation will continue, and the driver’s license will not be reinstated until such term ends. A motorist may then drive for thirty (30) days from the date of the order of suspension or revocation.
California motorists 21 years old or older, who took a blood, breath, or urine test that resulted in a blood alcohol content (BAC) of 0.08% or more will receive a four-month suspension for a first offense, while a second or subsequent offense within 10 years will result in a one-year suspension. Those under the age of 21 who took a preliminary alcohol screening (PAS) test or other chemical test and results showed a BAC of 0.01% or more, will have their driving privilege suspended for one year.
Anyone 21 years or older at the time of arrest who refused or failed to complete a blood, breath, or urine test will receive a one-year suspension for a first offense. A second offense within 10 years will result in a two-year revocation and a third or subsequent offense within 10 years will result in a three-year revocation.
John Patrick Dolan has handled everything from traffic tickets to death penalty murder cases. Mr. Dolan has represented California motorists charged with DUI for over 40 years. He is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran of DUI cases. Call the Dolan Law Offices today at (760) 775-3739 or find out more online here.
