After you are arrested and charged with driving under the influence (DUI) or driving while intoxicated (DWI), the arresting officer may confiscate your driver’s license. The license will remain confiscated—out of your possession—throughout the entire revocation or suspension period. The period of revocation or suspension is determined by the DMV, upon conducting an administrative review. If the review concludes that your license should, in fact, be suspended for a period of time, you may contest the decision by requesting a hearing.
This is, of course, best done with the assistance of a qualified criminal defense attorney. The request for this hearing must be filed within 10 days of receipt of the suspension or revocation notice. If the hearing is unsuccessful and your driving privileges are rescinded, you will have to pay a $125 reissue fee to the California state DMV in order to have your license reinstated after the period of suspension has ended.
Temporary Licenses
In some cases, you may be issued a temporary license. This temporary license is provided as an interim license for up to 30 days after the order of suspension or revocation was issued. This is provided as a courtesy from the state in order for you to make alternative plans and get your affairs in order regarding transportation to and from work, arrangements for the transportation of children, and other important considerations
How long the period of suspension lasts is determined by whether or not this is your first offense, and whether or not you are of legal drinking age. In California, a driver under the age of 21 who is charged with DUI needs only to have registered .01% blood alcohol content (BAC) at the time of testing. If this is the case, his or her license will be suspended for a full year. If the driver in question is of legal drinking age and his or her BAC registered over the legal limit of .08% either by a blood, breath, or urine test, a first offense will result in a 4-month license suspension. Any subsequent offense carries much longer sentencing; a second offense within 10 years will result in a full-year license suspension.
Other Causes for Suspension
Drinking and driving is not the only reason that a person’s license could be suspended, however. A person may have his or her license suspended in the state of California for failing to appear in court after receiving a traffic ticket, for failing to pay a fine after not appearing in court, or for driving without insurance (or not being able to prove that you had car insurance at the time of the incident).
If you have had your license suspended in California, contact an experienced San Jose criminal defense attorney. Our knowledgeable team is ready to help you protect your rights and restore your driving privileges as quickly as possible. Call (408) 898-9770 to schedule your free consultation today.
Sources:
https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/dl/driversafety/dsalcohol
http://www.dmv.org/ca-california/suspended-license.php