Frequently Asked Questions About California Driver’s License Suspensions Following a DUI Arrest

Frequently Asked Questions About California Driver’s License Suspensions Following a DUI Arrest

If you are arrested for an Orange County DUI, the Department of Motor Vehicles (DMV) will take immediate action to suspend your driver’s license. This means either the DMV has decided that you are not allowed to operate a motor vehicle until the suspension or revocation is lifted and your license is reinstated. Below are answers to common questions about California driver’s license suspensions following a DUI arrest.

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Will my license be suspended if I fail a drug or alcohol test?

Yes. The DMV will suspend your license if you are lawfully arrested for DUI and fail a properly administered drug or alcohol test.  The suspension period is four months if you have no prior DUI convictions.

 

Will my license be suspended if I refuse a drug or alcohol test?

Yes. California’s implied consent laws mean that if you refuse a blood, breath, or urine test to avoid getting a DUI, your license will be suspended or revoked even if you are innocent.  The suspension period for a refusal is one year if you have no prior DUI convictions.

 

Does the DMV know I was arrested for an Orange County DUI?

Yes. The police officer who arrested you will send the DMV a copy of the Notice of Suspension, your California driver’s license, and a sworn report relating to the arrest. 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.

 

Can I do anything to prevent my license from being suspended after my Orange County DUI arrest?

Yes. You or your Orange County DMV hearing lawyer must contact the DMV within 10 days of your DUI arrest in order to request an Administrative Per Se or APS hearing. This hearing is your chance to challenge the suspension and fight to keep your California driver’s license.

 

What if I didn’t contact the DMV within 10 days of my DUI arrest?

If you fail to contact the DMV within 10 days of your California DUI arrest, then you waive your right to a hearing. Your California driver’s license will go into suspension 30 days from the date of your DUI arrest.

 

Will my license be suspended if I am convicted of DUI in my court case?

Yes. Your license will be suspended for six months upon your first conviction. This suspension is concurrent with any administrative suspension imposed by the DMV for failing a drug or alcohol test or refusing to take one.  You may petition for a restricted license in some cases (not many). After a second and third offense, you may lose you your license for two to four years.

 

Contact Orange County DMV Hearing Attorneys

The loss of your driving privileges can be devastating. If your California driver’s license was suspended because of an Orange County DUI, contacting an experienced DMV hearing lawyer is advised. Orange County DMV hearing lawyers at Coffey and Coffey help clients protect their rights and preserve their driving privileges. For a free consultation, please contact us today.