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DUI and Your License

DUI Penalties and Drivers License

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 7 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.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years or 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 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 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 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 years will result in a 3-year revocation.

The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my license back?

When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.

The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my license back?

No. A reduction of a DUI charge to reckless driving in the criminal court is separated and/or independent from the administrative proceeding, and does not affect the driving privilege suspension.

The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charges were dismissed in the criminal court or the district attorney decided not to file a DUI charge against me. Do I get my license back?

Not necessarily. Current law may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restricted license?

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125.00 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or 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.

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