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Driving Under the Influence (DUI)

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Driving Under the Influence means you were found to be driving with alcohol or other substances in your system. Here you can find more information about what comes next – court hearings, driver’s license (DL) suspensions or revocations, and more.

Arrest for DUI: General Information

I’ve just been arrested for DUI. What happens now?

The police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form along with any driver license taken into possession with a sworn report to DMV.

DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results (such as a breathalyzer).

You 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. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver’s license. How do I get it back?

Your driver’s license will be reinstated at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility (insurance). The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law. Show Citation 11If it is determined that there is not a basis for the suspension or revocation, you may apply for a replacement DL at a DMV field office.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have a California driver’s license and your driver’s license is not expired, or your driving privilege is not suspended or revoked for some other reason.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

How long will my driving privilege be suspended if I took the chemical test?

If you are 21 years old or older, took a blood or breath test, or (if applicable) a urine test, and the results showed a blood alcohol content (BAC) of 0.08% or more:

  • A first offense will result in a four-month suspension.
  • A second or subsequent offense within 10 years will result in a one-year suspension.

If you are under 21 years old, took a preliminary alcohol screening (PAS) test or other chemical test and results showed a BAC of 0.01% or more, your driving privilege will be suspended for one year.

Do I need a hearing to get a restricted license?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for an Ignition Interlock Device (IID) or a restricted license to drive to and from work.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. If an officer states this, it means that you did not submit to or complete a blood or breath test after being requested to do so. As of January 1999, a urine test is no longer available unless:

  • The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
  • Both the blood or breath tests are not available, or
  • You have hemophilia, or
  • You are taking anticoagulant medication due to a heart condition.

How long will my driving privilege be suspended if I don’t take the chemical test?

If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or a urine test (if applicable):

  • A first offense will result in a one-year suspension.
  • A second offense within 10 years will result in a two-year revocation.
  • A third or subsequent offense within 10 years will result in a three-year revocation.

If you were under 21 years old at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a one-year suspension.
  • A second offense within 10 years will result in a two-year revocation.
  • A third or subsequent offense within 10 years will result in a three-year revocation.

DMV Administrative Hearings vs. Criminal Court Trials for a DUI Arrest

I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?

No. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

If you took a blood, breath or a urine test (if applicable):

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC §23140 , 23152 , or 23153?
  • Were you placed under lawful arrest or detained while on DUI probation?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or a urine test (if applicable):

Did you refuse to submit to or fail to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC §23140 , 23152 , or 23153?

Were you placed under lawful arrest or detained while on DUI probation?

Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?

Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?

Both State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law means that you will receive a notice of the action DMV intends to take against your driving privilege and you will be given an opportunity to be heard (hearing).

Am I obligated to have a DMV hearing?

No. You are not required to request a DMV hearing if you do not want one.

The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my DL back?

When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.

The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my DL back?

No. A reduction of a DUI charge to reckless driving in criminal court is separate and/or independent from the administrative proceeding, and it does not affect the driving privilege suspension.

The suspension of my driving privilege was sustained following my DMV hearing and I was convicted in court of the DUI charge. How do I obtain a restricted DL?

For restriction eligibility, please click on the specified link:

First Offenders Non-Injury Restriction Options (PDF)

First Offenders Injury Restriction Options (PDF)

Repeat Offenders Restriction Options (PDF)

DUI Offenders Drug Only Restriction Options (PDF)

Commercial Drivers

If you have a commercial driver’s license (CDL), you must downgrade to a Class C noncommercial driver’s license in order to get a restricted license.

If you have a CDL and you were not operating a commercial vehicle at the time of the offense and you pay a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work.

Note The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law. Show Citation 22

Multiple Offense Drivers

Any driver with a second DUI offense within 10 years may:

  1. Submit proof of enrollment in a DUI treatment program.
  2. Submit proof of FR (insurance).
  3. Pay a $100 reissue fee one year after the effective date of the suspension in order to drive to and from an alcohol program and to, from, and during work.

Any driver with a third or subsequent DUI offense within 10 years is not entitled to apply for any type of restricted license.

I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?

No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.