In California, a DUI (driving under the influence) case involves two separate legal processes: one through the criminal court system and another through the Department of Motor Vehicles (DMV).
The DMV process focuses on the suspension or revocation of your driver’s license, while the court process deals with criminal penalties such as fines, jail time, and probation. Here’s an overview of how DUI cases are handled by the DMV in California.
Key Aspects of the DMV Process
- Administrative Per Se (APS) Suspension
Upon arrest for a DUI, California law requires the arresting officer to immediately confiscate your driver’s license if your Blood Alcohol Concentration (BAC) is 0.08% or higher (for drivers 21 and older) or if you refuse to submit to a chemical test (blood, breath, or urine test).
You will be issued a “Notice of Suspension”, which acts as a temporary license for 30 days.
After 30 days, your driver’s license will be automatically suspended unless you take steps to challenge the suspension.
- DMV Hearing Request
Within 10 days of your arrest, you must request a DMV hearing to contest the suspension of your license. This is a separate proceeding from your criminal court case.
If you do not request the hearing within 10 days, you waive your right to a hearing, and your license suspension will go into effect automatically after the 30-day period.
- Purpose of the DMV Hearing
The DMV hearing (also known as the Administrative Per Se (APS) hearing) is conducted by a DMV hearing officer, not a judge. It focuses solely on whether your driver’s license should be suspended or revoked based on the facts of your DUI arrest.
Key issues considered at the DMV hearing include:
- Whether the officer had “reasonable cause” to believe you were driving under the influence.
- Whether you were lawfully arrested.
- Whether your BAC was 0.08% or higher at the time of driving.
- Whether you refused a chemical test.
- Outcomes of the DMV Hearing
If you win the DMV hearing, your license will not be suspended or revoked.
If you lose the DMV hearing, the suspension will go into effect as follows:
First DUI Offense: Four-month license suspension (you may be eligible for a restricted license after 30 days of suspension).
Second DUI Offense (within 10 years): One-year suspension or revocation.
Refusal to Take a Chemical Test: One-year suspension for the first offense, two years for a second offense, and three years for a third offense.
- License Reinstatement
To reinstate your license after the suspension, you must:
Complete a DUI education program (the length of the program depends on whether it’s a first or subsequent offense).
File an SR-22 form (proof of financial responsibility).
Pay a reissue fee to the DMV.
For a restricted license, which allows you to drive to and from work, DUI school, and other necessary destinations, you may be required to install an Ignition Interlock Device (IID), depending on the circumstances of your case.
DUI License Suspensions and Time Frames
First DUI Offense:
- BAC 0.08% or higher: Four-month license suspension.
- Restricted License: After 30 days of the suspension, you may apply for a restricted license, which allows you to drive to work, school, and other essential destinations.
Second DUI Offense (within 10 years):
- License Suspension: One-year suspension (no restricted license is typically available in the first year).
- IID Requirement: In many cases, a restricted license with an IID may be issued.
Third and Subsequent Offenses:
- License Suspension: Two to three years of license suspension or revocation.
Refusal to Take a Chemical Test:
For refusal of a chemical test, the penalties are more severe. The DMV will impose a one-year suspension for a first refusal, and there is no option for a restricted license during this period.
DMV vs. Criminal Court Process: The DMV hearing is administrative and is independent of your criminal case. Even if you are acquitted of DUI charges in criminal court, the DMV can still suspend your license.
Conversely, even if the DMV suspends your license, you can still fight the criminal DUI charge in court.
Legal Representation at the DMV Hearing
It is highly recommended to have an expert DUI defense attorney represent you during the DMV hearing.
While these hearings are less formal than court proceedings, the consequences are significant. The Law Offices of Manuel J. Barba can challenge the evidence (e.g., the legality of the traffic stop or the accuracy of the BAC test).
If you or someone you know is facing a DUI in California, it’s crucial to understand both the criminal and DMV processes, as each can result in serious consequences for your driving privileges.
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.