In California after a person who has been arrested for DUI, resulting from a BAC of .08% or higher, or refuse to submit to chemical test, will have their driver license confiscated by the arresting officer and issued a 30-day temporary license. You will also receive a formal notice of suspension from the arresting officer, which will require you to schedule a DMV hearing within 10-days, this is your opportunity to show that the suspension or revocation is not justified.
Before this hearing takes place it is a very good idea to retain the services of an experienced criminal law attorney in California. The laws are confusing at times and without proper preparation before the administrative hearing some evidence could get missed that could help you get your driving privileges reinstated. An experienced attorney knows these procedures inside and out.
At the California DMV administrative hearing the hearing officer will review the evidence that is being presented by the arresting officer, swear in the officer, begin to take the officers testimony, and try to determine if the officer had probable cause to suspend or revoke your driving privileges.
The hearing officer will review the evidence that is being presented in your favor by you and your attorney, if you hired one, swear in you and your attorney and any witnesses that were subpoenaed before the hearing to testify on your behalf. This is where an experienced attorney can present rebuttal evidence to get the breath test results excused, and use other strategies effectively to get his clients driving privileges reinstated, if he is successful.
After all the evidence has been presented by both sides, the hearing officer will close the hearing, review the evidence, make a decision, and then send a written formal decision to your attorney, again if you hired one, handling your case. Estimates put this written formal decision to take up to a month or more to reach the defense attorneys office.
If the hearing officer decides in your favor your driving privileges will be reinstated, but if your license was suspended or revoked you will need to wait until this period is over before you can start the process of getting your license back.
Californias DMV puts these suspension periods at a 4-month suspension if you took the breath test on your first offense, a second or subsequent offense within 10 years of the first DUI will result in a 1-year suspension.
If you opted not to take the breath test at the time of the police stop your license will be suspended for 1-year on the first offense, a second offense results in a 2-year revocation, and a third or subsequent offense will result in a 3-year revocation of your driving privileges.
After these suspension or revocation periods, you will need to provide proof of financial responsibility, a SR22 insurance policy with the mandatory liability limits, and pay the reissue fee of $125 to the DMV. The California DMV states that all first time DUI offenses are required to attend and complete a Drinking Driver Program. For a 2nd or subsequent DUI conviction you will be required to complete an 18 or 30-month Drinking Driver Program.
For more information on the Drinking Driver Program please contact the California DMV at (916) 657-6625.
If you need a restricted license to drive to and from work you will need to apply at any DMV field office.