If you are charged with driving under the influence (DUI) in Los Angeles, California a variety of things happen, as described below:
First, the law requires that the officer immediately forwards the driver license in question, if it was taken into possession, to the DMV along with a copy of the notice of suspension or revocation form once it has been completed. A sworn report also needs to be sent to the DMV. When this happens, the DMV automatically performs an administrative review that features an examination of the report prepared by the officer.
If the DMV subsequently upholds the suspension or revocation after the administrative review, you have the right to ask for a hearing to contest the punitive action taken. Your right to request a hearing lasts for 10 days from the receipt of the suspension or revocation order.
If, after the hearing the review demonstrates that the suspension or revocation was not warranted, the action taken by the DMV will be reversed. If this occurs, you will be notified by the DMV in writing; if no action is taken and the suspension or revocation remains in effect no written notification will be sent.
If the police offer confiscated your driver license when you were arrested, it will be returned to you when suspension or revocation ends, as long as you pay a $125 fee to the DMV to reissue it. The reissue fee is $100 if the suspension or revocation occurred in accordance with the Zero Tolerance Law pursuant to Vehicle Code §§ 23136, 13353.1, 13388, 13392. Your driver license will be reissued or returned to you if the DMV determines suspension or revocation of your license is not warranted.
If the officer issued you an Order of Suspension and Temporary License at the time of the arrest, you can drive for 30 days from the date the order was issued, providing:
- You have been issued a driver license by the state of California
- That license is not expired
- Your driving privilege has not been suspended or revoked for any other reason
On the Notice of Suspension it specifies that you have 10 days to make a request for an administrative hearing.
If you are 21 or over, and you took a blood or breath test, or a urine test, and the test demonstrated that your BAC was 0.08% or higher:
- If this was a first offense it will result in a suspension of 4 months.
- If this was a second or subsequent offense within a 10-year period the suspension will be for 1 year
- Those under 21 years of age who take a preliminary alcohol screening (PAS) test or another chemical test which demonstrated 0.01% BAC or higher will have their driving privileges suspended for 1 year
To get a restricted license allowing you to go to work and back you do not need to have a DMV hearing. You can apply for such a license at any DMV field office.
If the officer states that you refused to take a chemical test to ascertain the alcohol and/or drug content of your blood, your driving license will be suspended as follows:
If you were at least 21 years or older when the arrest occurred:
- An initial offense will result in a suspension of 1 year
- A second offense within 10 years will result in a revocation for 2 years
- A third or subsequent such incident within 10 years will result in a revocation for 3 years
If you were under 21 years old when you were detained or arrested and refused to take the test the same penalties apply as if you were 21 years or older.
When the DMV suspends or revokes your license following a DUI it is an administrative action directed only against your driving privilege. It is called Administrative Per Se (APS). Any such sanctions levied by the DMV pursuant to APS are separate from any court-imposed penalties such as a jail sentence, fine, or other criminal penalties. Suspension or revocation subsequent to a court conviction is a mandatory action which can result in the imposition of jail, fine or other criminal penalty.
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The attorneys at the Omofoma Law Firm are experienced DUI lawyers who can help you fight your charges. As top criminal defense lawyers in Los Angeles, we serve clients throughout Los Angeles and Orange County, including Huntington Park, Alhambra, and Monterey Park.
We’re available 24/7 to provide you with a free case evaluation. Give us a call at (213) 455-4050.