Drivers must know that a DUI conviction can impose fines, penalties, and impact your driving privileges.
If you are 21 or older and arrest you for a DUI, you may be charged primarily for driving under the influence of alcohol and also for a secondary charge of driving with a blood alcohol content (BAC) of 0.08 percent or higher. The secondary charge invokes the California Department of Motor Vehicles DUI Admin Per Se action, where the California DMV seeks to suspend the motorist's driving privileges.
- Your first offense may lead to 6-month license suspension.
- Your second or subsequent offense within 10 years may result in a 2-year license suspension.
When you are arrested for a DUI in California, the police take your license and give you a pink temporary driver's license.
The first thing you should do is to contact your Attorney immediately. The Law Offices of Scott D. Hughes can help you anytime, 24/7.
The police will forward a copy of the notice of suspension or revocation form along with your license and send a report to the DMV ("Department of Motor Vehicles").
Thereafter, DMV conducts an administrative review which includes an examination of the police's report, the suspension or revocation order, and any test results. The process does not pause here. In case DMV upholds the suspension or revocation during the administrative review, you will have the right to contest the suspension or revocation.
You can request an administrative hearing from the DMV within 10 days of your arrest. You need to plead that the suspension or revocation is not justified. If the authority is satisfied that there is no basis for the suspension or revocation, the action will be set aside.
You can have your driving license back on payment of a reissue fee to the DMV.
When you are issued an "Order of Suspension," don't hesitate to seek legal assistance. You may be able to obtain a restricted driver's license for work.
The Law Offices of Scott D. Hughes will arrange a "temporary license" for you and you can drive for 30 days from the date the order of suspension or revocation was issued. They can also arrange a restricted license for you. This will help you to go to and from work.
Scott D. Hughes is a DUI Attorney in Orange County, CA practicing in State and Federal Court.