DUI: What You Need to Know Now!
Legal Article GuideBy: Frederic Madore
DUI. Driving Under Influence.
You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.
Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.
Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.
Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.
Suspension of driving privilege of you took the 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 (blood/breath alcohol concentration )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.
Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.
You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test 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. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.
Suspension of driving privilege if you refuse to take 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 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 the 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.
Difference between DUI arrest from suspension or revocation after conviction in criminal court. 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 other criminal penalty can be imposed.
Frederic Madore is the founder of the DUI Information Center. Get the best information about DUI and DUI Laws.
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