Arrest for Driving Under the Influence (DUI): General

Arrest for Driving Under the Influence (DUI): General

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

A. The officer is required by law to immediately forward a copy of the
completed notice of suspension or revocation form and any driver license
taken into possession, with a sworn report to the DMV. 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. If the suspension or revocation is upheld during
the administrative review, you may request a hearing to contest the
suspension or revocation. 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.

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

A. Your driver license will be returned to you at the end of the
suspension or revocation, provided you pay (on or after January 1, 2003)
a $125 reissue fee to the DMV and you file proof of financial
responsibility. The reissue fee remains at $100 if you were under age 21
and were suspended under the Zero Tolerance Law pursuant to Vehicle Code
§§23136, 13353.1, 13388, 13392. If it is
determined that there is not a basis for the suspension or revocation,
your driver license will be issued or returned to you.

Q. The officer issued me an Order of Suspension and Temporary License.
What am I supposed to do with this document?

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

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

Q. For how long will my driving privilege be suspended if I took the
chemical test?

If you are 21 years of age or older, took a blood or breath test, or
(if applicable) a urine test, and the results showed 0.08% BAC or more: A
first offense will result in a 4-month suspension. A second or subsequent
offense within 7 years will result in a 1-year suspension. If you are
under 21 year of age, took a preliminary alcohol screening (PAS) test or
other chemical test and results showed 0.01% BAC or more, your driving
privilege will be suspended for 1 year.

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