License Suspension

I n most cases, the person arrested for drunk driving will have his license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)

It is critically important to CALL THE DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out.

  California License Suspension Procedures

A good explanation of the laws and procedures involved in California Department of Motor Vehicles DUI license suspensions, from the attorney who wrote the leading drunk driving law textbook.

  The Statutory DMV License Suspension Laws

The statutory scheme for administrative California DMV license suspensionscan become as complicated as the criminal punishment. Basically, a first offender with a
blood alcohol level of .08% will have his license suspended for four months; if there is a refusal to submit to chemical testing, the suspension is for one year. For drivers under 21, "zero tolerance" laws dictate a one-year suspension for blood-alcohol levels over .01%. Second offenders with over-.08% levels receive a one-year suspension (two years if a refusal).

  Get a Copy of Your California DMV Record

The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site.

  The National Driver Registry

How to get information about your record on this    national governmental database used by states to determine a person's driving record in other states.

  Licensing Consequences and the DMV

The consequences that result from the prosecution of a DUI case can vary tremendously, depending upon the facts and the skills of your lawyer. Because there are so many DUIs, standardized treatment by the courts has developed. For the garden-variety DUI, the law requires four minimum, mandatory consequences:

  Three years of informal or summary probation. This is the easy kind of probation, without a probation officer to report to. You are on probation to the court, and it is a promise not to get arrested again for three years.

A fine of approximately $1,250.00, and you will have plenty of time to pay it.

A level one drinking-driver program. You must attend ten weekly sessions of approximately three hours each.

A ninety day license restriction, allowing you to drive to and from work, during the course of your employment, and to and from the alcohol program mentioned above.

The timing of this restriction from the court and the suspension/restriction from the DMV is critical, and failure to time them properly can result in more suspension/restriction than is necessary. The consequences discussed in the paragraph above are what I refer to as the garden-variety, standard minimum first-time consequences. There are four situations that can increase those penalties:

An accident;
A blood alcohol concentration of .20% or greater;
A refusal to take a blood or breath test; and
A prior DUI or alcohol-related reckless driving conviction.

If any of these four circumstances exist, the penalties for the standard minimum first offense go up, and can include jail time, community service, additional fines, or a host of other undesirable consequences. A criminal lawyer with experience handling DUI matters can make a major difference in the outcome of most cases.