In California there are parallel systems for punishment when you receive a DUI. If convicted the Court administers most of the sanctions. However, the Department of Motor Vehicles is the agency that will administer all the punishments of driver’s license suspension.
When you are arrested for driving under the influence of alcohol the Officer will immediately serve you with notice that your driver’s license will be suspended in 30 days. You have the right to a hearing before the DMV as to whether your license will be suspended but you must request that hearing within ten days of your arrest. Pending the hearing, you will be able to retain your privilege to drive.
The hearing is held before an Administrative Law Judge of the DMV. The hearings are very informal, but the burden of proof is very light as to whether your license will be suspended. The Hearing Officer need only find that you were driving, that there was probable cause to stop you, and that you were driving with a .08 or above blood alcohol content.
If you lose at the hearing or if you do not request a hearing the DMV will suspend your license for six months. After 30 days, you can get a restricted license to drive to and from work, during the course of work, and to and from the drinking driver program. You must be enrolled in the drinking driver program to be eligible for the restricted license.
If you receive a DUI it is important that you contact an experienced driver’s license suspension attorney right away. David Foos has 30 years experience handling license suspension cases, and even was a Court Commissioner hearing thousands of traffic tickets and DMV related matters. Call David Foos for a free consultation at 916-779-3500.