DWI/DUI - General Drunk Driving Info In California
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
© Copyright 2008 Enticing Designs Inc.
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
I've just been arrested for DUI. What happens now?
The officer is required by California 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.
At the time of my arrest, the officer confiscated my driver license.
How do I get it back?
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.
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 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.
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.
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:
1) A first offense will result in a 4-month suspension.
2) A second or subsequent offense within 10 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.
Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV
hearing. You may apply for a restricted license to drive to and from work
at any DMV field office.
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. You did not submit to or
complete a blood or breath test after being requested to do so by a
peace officer. As of January 1999, a urine test is no longer available
unless:
a) The officer suspects you were driving under the influence of drugs or
a combination of drugs and alcohol, or
b) Both the blood or breath tests are not available, or
c) You are a hemophiliac, or
d) You are taking anticoagulant medication in conjunction with a heart
condition.
How long will my driving privilege be suspended for not taking the
chemical test?
If you were 21 years of older at the time of arrest and you refused or
failed to complete a blood or breath test, or (if applicable) a urine test:
a) A first offense will result in a 1-year suspension.
b) A second offense within 10 years will result in a 2-year revocation.
c) A third or subsequent offense within 10 years will result in a 3-year
revocation.
If you were under 21 years of age at the time of being detained or
arrested and you refused or failed to complete a PAS test or other
chemical test:
a) A first offense will result in a 1-year suspension.
b) A second offense within 10 years will result in a 2-year revocation.
c) A third or subsequent offense within 10 years will result in a 3-year
revocation.
How is the DMV suspension or revocation for the DUI arrest different
from the suspension or revocation following my conviction in criminal
court?
The DMV suspension or revocation is an administrative action taken
against your driving privilege only. The suspension or revocation
following a conviction in court is a mandatory action for which jail, fine, or
other criminal penalty can be imposed.
Drivers 21 and Older—DUI Programs and Restricted Licenses
Completion of a DUI program is required for all DUI convictions.
Generally, if you are over 21 and enroll in a DUI program, file a California
Insurance Proof Certificate (SR 22), pay the restriction and reissue fees,
DMV will issue you a restricted driver license which allows you to drive
to/from work and during the course of employment (unless you hold a
commercial driver license) and to/from a DUI program. However, if you
would be considered a “traffic safety” or “public safety risk” if permitted to
drive, the court may order DMV not to grant you a restricted driver license.
Other actions against you may also prohibit the issuance of a restricted
license.
Second and subsequent DUI convictions result in increased penalties,
including a two-year suspension or a revocation of up to four years. After
you complete a prescribed period of your suspension/ revocation and
either enroll in, or complete a portion of, a DUI program, you may obtain
a restricted license to drive anywhere necessary if you:
a) Install an IID on your vehicle.
b) Agree not to drive any vehicle without an IID.
c) Agree to complete the prescribed DUI program.
d) File an SR 22.
e) Pay the reissue and restriction fees.
Court DUI Convictions
If you are convicted of driving with excessive BAC or while under the
influence of either alcohol or drugs or both (DUI), you may be sentenced
to serve 96 hours to six months in jail, plus three to five years probation
and pay a fine between $390 and $1000 (plus about three times the fine
in penalty assessments) the first time you are convicted. Your vehicle
may be impounded and is subject to storage fees.
On the first conviction the court will suspend your driving privilege for six
months and require you to complete a DUI program before you can be
reinstated. The length of the program may vary. If your BAC was .15% or
higher and you already had a record of violations for other reasons or
you refused to submit to a chemical test, the court may order you to
complete a nine-month or longer program. If your BAC was .20% or
higher and the court refers you to an enhanced DUI treatment program,
your license will be suspended for 10 months.
You could also be required to install an ignition interlock device (IID) on
your vehicle. An IID prevents you from starting your vehicle if you have
any alcohol on your breath. If anyone was injured as a result of your
driving, the suspension period is one year.
In cases involving serious injury or death, you may be punished under
California’s Three Strikes Law. You also could face a civil lawsuit. All
DUI convictions will remain on DMV’s records for ten years and the
courts and the DMV may impose more stringent penalties for
subsequent violations during that period.
A BAC below legal limits does not mean that you are safe to drive.
Almost all drivers show impairment by alcohol at levels lower than the
legal limit. The impairment you exhibit at the time you are stopped may
be enough to convict you of driving under the influence even without a
BAC measurement.
The officer is required by California 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.
At the time of my arrest, the officer confiscated my driver license.
How do I get it back?
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.
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 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.
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.
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:
1) A first offense will result in a 4-month suspension.
2) A second or subsequent offense within 10 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.
Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV
hearing. You may apply for a restricted license to drive to and from work
at any DMV field office.
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. You did not submit to or
complete a blood or breath test after being requested to do so by a
peace officer. As of January 1999, a urine test is no longer available
unless:
a) The officer suspects you were driving under the influence of drugs or
a combination of drugs and alcohol, or
b) Both the blood or breath tests are not available, or
c) You are a hemophiliac, or
d) You are taking anticoagulant medication in conjunction with a heart
condition.
How long will my driving privilege be suspended for not taking the
chemical test?
If you were 21 years of older at the time of arrest and you refused or
failed to complete a blood or breath test, or (if applicable) a urine test:
a) A first offense will result in a 1-year suspension.
b) A second offense within 10 years will result in a 2-year revocation.
c) A third or subsequent offense within 10 years will result in a 3-year
revocation.
If you were under 21 years of age at the time of being detained or
arrested and you refused or failed to complete a PAS test or other
chemical test:
a) A first offense will result in a 1-year suspension.
b) A second offense within 10 years will result in a 2-year revocation.
c) A third or subsequent offense within 10 years will result in a 3-year
revocation.
How is the DMV suspension or revocation for the DUI arrest different
from the suspension or revocation following my conviction in criminal
court?
The DMV suspension or revocation is an administrative action taken
against your driving privilege only. The suspension or revocation
following a conviction in court is a mandatory action for which jail, fine, or
other criminal penalty can be imposed.
Drivers 21 and Older—DUI Programs and Restricted Licenses
Completion of a DUI program is required for all DUI convictions.
Generally, if you are over 21 and enroll in a DUI program, file a California
Insurance Proof Certificate (SR 22), pay the restriction and reissue fees,
DMV will issue you a restricted driver license which allows you to drive
to/from work and during the course of employment (unless you hold a
commercial driver license) and to/from a DUI program. However, if you
would be considered a “traffic safety” or “public safety risk” if permitted to
drive, the court may order DMV not to grant you a restricted driver license.
Other actions against you may also prohibit the issuance of a restricted
license.
Second and subsequent DUI convictions result in increased penalties,
including a two-year suspension or a revocation of up to four years. After
you complete a prescribed period of your suspension/ revocation and
either enroll in, or complete a portion of, a DUI program, you may obtain
a restricted license to drive anywhere necessary if you:
a) Install an IID on your vehicle.
b) Agree not to drive any vehicle without an IID.
c) Agree to complete the prescribed DUI program.
d) File an SR 22.
e) Pay the reissue and restriction fees.
Court DUI Convictions
If you are convicted of driving with excessive BAC or while under the
influence of either alcohol or drugs or both (DUI), you may be sentenced
to serve 96 hours to six months in jail, plus three to five years probation
and pay a fine between $390 and $1000 (plus about three times the fine
in penalty assessments) the first time you are convicted. Your vehicle
may be impounded and is subject to storage fees.
On the first conviction the court will suspend your driving privilege for six
months and require you to complete a DUI program before you can be
reinstated. The length of the program may vary. If your BAC was .15% or
higher and you already had a record of violations for other reasons or
you refused to submit to a chemical test, the court may order you to
complete a nine-month or longer program. If your BAC was .20% or
higher and the court refers you to an enhanced DUI treatment program,
your license will be suspended for 10 months.
You could also be required to install an ignition interlock device (IID) on
your vehicle. An IID prevents you from starting your vehicle if you have
any alcohol on your breath. If anyone was injured as a result of your
driving, the suspension period is one year.
In cases involving serious injury or death, you may be punished under
California’s Three Strikes Law. You also could face a civil lawsuit. All
DUI convictions will remain on DMV’s records for ten years and the
courts and the DMV may impose more stringent penalties for
subsequent violations during that period.
A BAC below legal limits does not mean that you are safe to drive.
Almost all drivers show impairment by alcohol at levels lower than the
legal limit. The impairment you exhibit at the time you are stopped may
be enough to convict you of driving under the influence even without a
BAC measurement.
| Learn on what will happen to your license if you get a DUI/DWI out of state or outside of the country. |
| Learn About DUI Laws In Mexico Ireland United Kingdom Canada Australia |