The first, and best possible outcome is that the DMV hearing officer can set aside the revocation, suspension or restriction of a driver’s license. This means that the DMV case is over, and the driver is free to go the Department of Motor Vehicles and obtain a duplicate license at no charge.
The second possible outcome is an administrative per se action will be imposed. The results depend on whether or not the driver submitted to a chemical test upon arrest, and whether there are prior offenses.
A driver who agreed to a chemical test charged with a first DUI faces a four month license suspension and the requirement to file formal proof of insurance (an SR-22) with the California Department of Motor Vehicles for the next three years. Although the driver may be entitled to a restricted license that allows travel to work and alcohol education classes, the restricted license cannot be obtained until the license has been fully suspended for one month.
A driver who took a chemical test but has prior DUI convictions or APS suspensions within the past 10 years will have his or her license suspended for one year for a second offense, two years for a third offense, and three years for a fourth offense. The driver also will be required to file an SR-22 and enroll in and complete an alcohol education class that could last from 18 months for a second offense to 30 months for a third or fourth offense.
A driver who refused a breath, blood or urine test at the time of arrest faces harsher consequences. The license will be revoked for one year for the first refusal, two years for a second refusal, three years for a third refusal, and four years for a fourth refusal.
Because the consequences imposed by the Department of Motor Vehicles after a drunk driving arrest can be severe, a driver should do everything possible to successfully fight to have the APS action set aside. An attorney who specializes in DUI/DWI defense can successfully navigate the DMV process, and may be able to help reduce or eliminate repercussions at the DMV.