OFF THE WIRE
If you have been arrested for a DUI in California, you have two separate “tracks” that you will have to face – the pending criminal matter in court, and the Department of Motor Vehicles (“DMV”).
Immediately after your arrest, the officer is required to complete a notice of suspension or revocation which is then forwarded, with any driver’s license taken into possession, to the DMV. The DMV automatically conducts an administrative review of the officer’s report, and any blood alcohol concentration (“BAC”) test results. You have the right, within 10 days of your arrest, to request a hearing before the DMV to challenge the arrest and the test results, and if the hearing reveals problems with the legality of the stop or the test results, the suspension of your license will be set aside.
If you are 21 years of age or older, and took a breath or blood test, and the results showed a BAC reading of 0.08% or more, you will generally face a license suspension of 4-6 months. For a second or subsequent DUI offense within 10 years, the suspension period is generally 1 year. If you are under 21, and took a preliminary alcohol screening test with a result of 0.01% or more, you will face a suspension of 1 year.
You can get your license back after the period of suspension by applying to the DMV, paying the reissue fee, and filing proof of financial responsibility, usually with a policy referred to as “SR-22”. You may be able to obtain SR-22 insurance from your current insurance company, however, there are several firms that offer such policies often for considerably less money than would be charged by your current insurer.
If you require a license to go to and from work, you can apply at any DMV field office. In most cases, the DMV will require that you suffer a period of “hard suspension” where no driving is allowed, often for 30-60 days. After the “hard suspension”, the DMV may grant a restricted license, which would permit you to drive to and from work, by completing the necessary application, paying the applicable fees, and providing proof of the SR-22 insurance. In some cases, the DMV may also require you to satisfy other conditions for the issuance of a restricted license, such as enrolling in a DUI “school”, or installing an ignition interlock device.
If you refused to provide a breath or blood sample when requested, you will face more serious penalties. If you are 21 years of age or older, the first offense will result in a 1 year suspension. A second offense within 10 years will result in a 2 year revocation, and three or more offenses within 10 years will result in a 3 year revocation.
In order to obtain the best outcome from the DMV proceedings, you should consider retaining a DUI attorney immediately after your arrest. A DUI attorney can assist you throughout the DMV and criminal court proceedings, and with their experience, they may be able to present evidence, challenge the legality of the arrest if proper procedures were not followed, and negotiate with the prosecutors to achieve the best resolution to the serious problems you are now facing.
