LAW FAQ

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver's license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. The DMV will notify you in writing only if the suspension or revocation is set aside following the administrative review.

Your driver's license will be returned to you at the end of the suspension or revocation, provided you pay a fee reissue to the DMV, and you file proof of financial responsibility. If it is determined that there is not a basis for the suspension or revocation, your driver's license will be issued or returned to you.

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver's license, and your driver's license is not expired, or your driving privilege is not suspended or revoked for some other reason.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing, and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation is not justified. You may request a stay of the suspension, so your driving privilege will not be affected until after an administrative hearing has been conducted.

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or another criminal penalty can be imposed.

For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.
A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
What is Vehicle Forfeiture?
Your automobile may be forfeited by the government if you are charged with transportation of illegal drugs or if you are arrested for DUI and your license has been revoked for a prior conviction of DUI. The government will send a notice of their intent to seize your property within thirty days of the incident and file it with a court. An answer to the notice must be time within the time specified. Otherwise, your property will be forfeited by default. The automobile or related property in your possession at the time of the crime can be forfeited even if there is a third-party lienholder or a joint owner. Perez & Perez has experience handling these civil forfeitures and will review your case.

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or another criminal penalty can be imposed.

For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.
A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
What is Vehicle Forfeiture?
Your automobile may be forfeited by the government if you are charged with transportation of illegal drugs or if you are arrested for DUI and your license has been revoked for a prior conviction of DUI. The government will send a notice of their intent to seize your property within thirty days of the incident and file it with a court. An answer to the notice must be time within the time specified. Otherwise, your property will be forfeited by default. The automobile or related property in your possession at the time of the crime can be forfeited even if there is a third-party lienholder or a joint owner. Perez & Perez has experience handling these civil forfeitures and will review your case.

Any Questions?

You may be charged with Child Abuse if you are arrested for DUI while you have a minor child in your vehicle. The law provides that if you knowingly or even negligently place a child in your car and cause danger to the child's life, you can be charged with Child Abuse. The crime is a felony, punishable by up to three years of imprisonment and a fine.

I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?
It depends on what your alcohol offenses were and how they were disposed of. The courts cannot use juvenile convictions against you as an adult. However, the DMV can and will use certain juvenile information against you as an adult.

Law enforcement officers will ask the driver before the breath test whether they had burped, belched, or vomited prior to the test or have been under law enforcement's constant observation for 15 minutes prior to the test. It is important you inform your attorney of this fact to help with your defense.

No, not likely. But if you were interrogated after being placed in custody, those statements cannot be used against you.

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