California DUI Laws

California DUI Laws 2022 | DUI Lawyer 1 (855) 502 1334

About DMV

2022 provides a brief synopsis of DUI Laws in California. If you live in California, a knowledge of the DUI Laws can help to keep you on the straight and narrow.

How to get legal advice for any infraction of DMV

If you or a loved one faces a California DUI arrest or criminal charge, we provide a toll-free call to a California DUI Lawyer.

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California DUI Laws

About DMV

According to the California DMV (2022), DUI means driving under the influence. Driving under the influence means that a California resident was found to be driving with alcohol or other substances in his or her system.

related to arrest

As soon as an arrest is made, a police officer is required by law to immediately forward to the DMV:

  • a copy of the completed notice of suspension or revocation form along with
  • any driver’s license taken into possession with a sworn report.

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 (such as a breathalyzer).

California residents who were issued with an arrest 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.

california dui laws

related to the confiscation of a driver’s license

A driver’s license will be reinstated at the end of the suspension or revocation, provided that:

  • a reissue fee of $125 is paid to the DMV
  • and proof of financial responsibility (insurance) is filed.
  • The reissue fee costs $100 for persons under age 21 who were suspended under the Zero Tolerance Law. 
  • If it is determined that there is no basis for the suspension or revocation, you may apply for a replacement Driver’s License at a DMV field office.

related to orders of suspension and temporary license

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have 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.

related to notice of suspension

If the office issued a notice of suspension, you have ten days to request an administrative hearing. A hearing provides the opportunity to show that the suspension or revocation is not justified.

Call 1 855 502 1334 to be connected to a California DUI Lawyer

california dui laws

California DUI Laws related to the suspension of driving privilege after a chemical test

Driving privileges can be suspended as follows after the results of a chemical test:

If you are 21 years old or older, took a blood or breath test, or (if applicable) a urine test, and the results showed a blood alcohol content (BAC) of 0.08% or more:

  • A first offense will result in a four-month suspension.
  • A second or subsequent offense within 10 years will result in a one-year suspension.

If you are under 21 years old, took a preliminary alcohol screening (PAS) test or other chemical test and results showed a BAC of 0.01% or more, your driving privilege will be suspended for one year.

California DUI Laws related to the application for a restricted license

You do not need a hearing to get a restricted license. A request for a restricted license cannot be considered at the DMV hearing.

Persons facing a DUI Charge may apply for an Ignition Interlock Device (IID) or a restricted license to drive to and from work.

California DUI Laws related to the refusal to take a chemical test

What does it mean if the officer stated that I refused to take a chemical test? California residents are required by law to submit to a chemical test to determine the blood levels of alcohol and/or drugs.

If an officer states this, it means that you did not submit to or complete a blood or breath test after being requested to do so.

As of January 1999, a urine test is no longer required 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 have hemophilia, or
  • You are taking anticoagulant medication due to a heart condition.
california dui laws

Call 1 855 502 1334 to be connected to a California DUI Lawyer

California DUI Laws related to licensing suspension after refusing to take a chemical test

The following applies 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 a urine test (if applicable):

  • One year suspension for a first offense.
  • Two-year revocation if a second offense occurred within 10 years.
  • Three-year revocation if a third or subsequent offense occurred within 10 years.

The following applies if you were under 21 years old at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • One year suspension for a first offense.
  • Two-year revocation if a second offense occurred within 10 years.
  • Three-year revocation if a third or subsequent offense occurred within 10 years.

The difference between California DUI arrest suspension and suspension after a criminal conviction in California

A DMV suspension or revocation for a DUI arrest is different from a suspension or revocation following a DUI conviction in criminal court.

The DMV suspension or revocation:

  • is an immediate administrative action taken against driving privilege only.
  • This is called Administrative Per Se (APS).
  • Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted of driving under the influence (DUI).

The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalties can be imposed.

Sources

State of California DMV.(2022). Driving under the influence (DUI). Retrieved from https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

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