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The following information is intended for California residents only and is intended only as a general discussion not as legal advise for any individual's specific situation. You can not rely on the limited information given on this website to make decisions concerning your particular case or issues. No attorney-client relationship is established simply by you reading this general information and no relationship exists until a retainer agreement is signed with the Law Offices of Diamond, Burt & Akhkashian, LLP.

DUI - Hearing with the Department of Motor Vehicles

Arrests for Driving Under the Influence

The Court proceedings are extremely important, but so is your involvement with the DMV. Remember you have only 10 days from the arrest date to call the local DMV office and schedule a hearing date.

Factors at the Hearing

Chemical Test Results BAC of 0.08% Or More

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code.
  • Were you lawfully arrested?
  • Were you driving a motor vehicle when you had 0.08% or more, by weight, of alcohol in your blood?

Refusal To Submit To Or Failure To Complete A Chemical Test
  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code?
  • Were you lawfully arrested?
  • Were you told that your driving privilege would be suspended for one year, or revoked for two or three years if you refused to submit to, or failed to complete, a chemical test?
  • Did you refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?

PENALTIES

Chemical Test Results Show BAC 0.08% Or More - Sections 13353.2 And 13353.3 of the Vehicle Code
First Offense of driving with a BAC of 0.08% or more will result in a 4-month suspension.

Second or Subsequent Offense, within 7 years of a separate violation of driving under the influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or violation of Section 23140 VC, which resulted in a conviction, or separate administrative determination that you were driving with a BAG of 0.01% or more while under age 21, or 0.08% or more at any age, or you refused a test, will result in a 1-year suspension.

Refusal To Submit To Or Failure To Complete A Chemical Test - Section 13353 of the Vehicle Code

First Offense will result in a 1-year suspension.

Second Offense within 7 years of a separate violation of driving under the influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or a violation of Section 23140 VC, which resulted in a conviction, or separate administrative determination that you were driving with a BAC of 0.01% or mote while under age 21, or 0.08% or more at any age, or you refused a test, will result in a 2-year revocation.

Three Or More Offenses within 7 years of any combination of the above violations, convictions or separate administrative determinations will result in a 3-year revocation.

Restricted License Section 133533 VC - For first offenders only with BAC 0.08% or more.

If you provide proof of enrollment in a first offender Driving Under the Influence (DLI) program as described in Section 23161(b) VC, file proof of financial responsibility by a California Insurance Proof Certificate (SR 22), and pays $100 reissue fee, you may apply for a restricted license after 30 days of suspension. You may then request one of the following restrictions:
  • Driving Under the influence Restriction. Your driving privilege will be restricted for at least 60 days to driving to and from the DLI program, or
  • To and From and During Course of Employment/Driving Under the Influence Restriction. Your driving privilege will be restricted to driving to and from and during the course of your employment and to and from the DLI program. This restriction shall remain in effect for five months.


If you enroll and fail to participate or do not complete the DLI program, the department will immediately revoke your restricted license and reimpose the suspension for the remainder of your original suspension.

A first offender attending a DLI program who does not apply for a restricted license may request the early termination of the suspension. To end the suspension early, the offender must have served 90 days of the suspension, completed a DUI program, filed proof of financial responsibility by a California Insurance Proof Certificate (SR 22), and paid a $100 reissue fee.


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