For 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 restriction?
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 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 remains at $100 if you were under age
21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ''23136,
13353.1, 13388, 13392.