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DUI Arrest in California

I’ve just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver 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. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125.00 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee is $100.00 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ”23136, 13353.1, 13388, 13392″. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

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 license and your driver 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.

How can I find a Driving Under the Influence (DUI) Program as ordered by the court?

This link will take you to a DUI Program Directory of Service Providers

If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay a $125.00 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee is $100.00 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ”23136, 13353.1, 13388, 13392.

Any driver with a second DUI offense within 7 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work. Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any type of restricted license.

I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?

No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.

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