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DMV INFORMATION
I thought I wasn’t required to take a breath or blood test when I was stopped on suspicion of DUI. Am I right?
No. By California statute, a driver stopped for DUI testing by a law enforcement officer must submit to a chemical (blood or breath) test to measure his or her blood level of alcohol and/or drugs. The only exceptions are: (a) when both these tests are unavailable, (b) you’re a hemophiliac, or (c) you’re taking anticoagulant medicine. You agreed to this testing when you applied for a driver’s license.
I refused to take a chemical test; how long will my driver’s license be suspended (or revoked) for not doing so?
If you were at least 21 years old when your were arrested and you refused to take a breath or blood test:
- First offense - 1-year suspension
- Second offense within the past 10 years - 2-year revocation
- Third or subsequent offense within the past 10 years - 3-year revocation
I took a PAS (preliminary alcohol screening) breath (or blood) test at the scene; how long will my license be suspended?
If you were at least 21 years old and the results showed 0.08% BAC or more:
- First offense - 4-month suspension
- Second or subsequent offense within 10 years - 1-year suspension
If you were under 21 years old and the results showed 0.01% BAC or more (this is the “zero tolerance” policy for drivers under 21), your driver’s license will be suspended for 1 year. The suspension will go into effect 30 days from when you were tested.
Do I have to do something with the Order of Suspension and Temporary License the law enforcement officer gave me?
Yes. Read it. You can use it as your temporary driver’s license for 30 days from the day you received it (unless your license was already revoked or suspended). This document also tells you how to request a DMV hearing, which you have only 10 days to do from the date you received this Order. It also tells you the eligibility requirements for a "critical need" restricted license.
Will I be eligible for a restricted license?
The chances are slim, but you may be given a restricted driver’s license if you absolutely need to drive based on:
- a family illness (not your own)
- to go to and from work
- to get to and from school, or
- a family business if your driving is a crucial part of your family's income
Do I need a hearing to get a restricted license?
No. Apply for a restricted license at any DMV field office.
If you have questions about DMV procedures or other aspects of DUI cases, contact Tom Wallin online today.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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