Posted in Uncategorized on March 24, 2019
One consequence of driving while under the influence of drugs or alcohol is a possible license suspension. In California, driving is a vital form of transportation that we need to move around in our daily lives. However, the courts and the Department of Motor Vehicles (DMV) can take your license if you receive a DUI conviction or arrest. You can lose your license from 30 days to several years, depending on the severity and circumstances of the charge.
When an officer arrests you for DUI, he or she will take your driver’s license and forward a copy of a completed notice of suspension or revocation to the California DMV. The DMV will examine the report and any chemical or blood test results from your arrest and determine if it will suspend or revoke your license. This process usually takes place within 10 days of your arrest.
You have 10 days from your arrest to request an administrative hearing with the DMV to contest your license suspension or revocation. You should obtain the services of a California DUI attorney to help you process your request and represent you at your DMV hearing. If you fail to file this hearing request within the 10-day deadline, the DMV will automatically suspend your driver’s license.
If you receive a license suspension in California, you cannot drive for the period of restriction. In addition, the state may require you to complete driver’s education courses to restore your license privileges. In some cases, you may not receive a suspension and you may have an ignition interlock device placed on your vehicle. You can also apply for a restricted license – however, you can only use this license to travel to and from school, work, and court appointments. You can apply for a restricted license as soon as the DMV suspends your full license.
The length of your driver’s license suspension depends largely on whether you consented to a chemical test, and your age. At the scene of your arrest, the officer will ask you to take a blood or breath test to determine your blood alcohol content (BAC). If you are 21 years or older, you are legally driving under the influence if you have a BAC of 0.08% or more. If this arrest is your first DUI, you will receive a 4-month suspension. If this arrest is your second or subsequent arrest within 10 years, you will receive a 1-year suspension.
California has stricter laws for drivers convicted of a DUI under the legal drinking age. If you take a chemical test at the scene of your arrest and you are under 21 years old, you are legally driving under the influence if you have a BAC of 0.01% or higher. In these situations, you will receive a suspension for 1 year.
Under California law, you must submit to a chemical test. If you refuse to do so, you can face harsher consequences for driving under the influence. Both drivers over and under the age of 21 face the same punishment for failing to submit to a chemical test while driving under the influence.
For best results in contesting a DMV license revocation, obtain the services of a Riverside DUI attorney. Your legal advocate can help you make your case to keep your license to the DMV and increase your chances of staying on the road.