Frequently Asked Questions

Arrested for DUI?

You were arrested for DUI.

What happens now?

Notice of drivers license suspension

The officer that made the DUI arrest is required by law to give you a Notice of driver's license suspension and send a copy of notice of California driver's license suspension and your California driver license, with a sworn report, to the DMV.

Right to request a hearing within 10 days

You have the right to request an Admin Per Se hearing with the California DMV. Warning You must make a request for Admin Per Se hearing within 10 days.

You or your Attorney will stop or "Stay" the automatic suspension of your California Driver License

When arrested, the police snatched my driver license. How do I get it back?

Your driver license will not be returned to you until the end of the driver license suspension or revocation. You must pay a $100.00 reissue fee to the DMV and file proof of financial responsibility. If our Attorneys succeed in winning the Admin Per Se hearing, then you will avoid administrative driver license suspension.

The arresting cop handed me a pink Order of Suspension and Temporary License.

What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension

Warning You must make a request for Admin Per Se hearing within 10 days to avoid automatic suspension.

APS administrative hearing? Why have an Attorney conduct an Admin Per Se hearing?

A hearing is your opportunity to require the DMV to prove that the DUI arrest was lawful, and that you were driving with a blood alcohol level at .08 or higher. Rules of evidence apply and the burden of proof may not be met. These cases can be won and administrative license suspension may be avoided depending on your individual case.

How long will my driving license be suspended?

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 10 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.

They say I refused to take a breath or blood test. What does this mean?

The implied consent law requires that California Drivers submit to a test and if not, then the license is to be suspended.

You may fight this suspension in a hearing. The hearing is your opportunity to make the DMV prove that proper procedures and advisements were given and that you actually refused.

How long will my driving license be suspended for refusing the test?

• A first offense: 1-year suspension.
• A second offense: (within 10 years) 2-year revocation.
• A third offense (within 10 years) 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 10 years will result in a 2-year suspension.
• A third or subsequent offense within 10 years will result in a 3-year revocation.