Common Concerns About Your License After a Santa Rosa DUI
Many people are concerned about the status of their driver’s license after being arrested for a DUI. Our Santa Rosa DUI attorneys know that being arrested for a DUI can be a stressful process, and we are here to guide you through this situation.
California has an “Admin Per Se” law, which requires the DMV to automatically suspend the driver’s license of anyone arrested for a DUI. This means that a score of a 0.08% on the BAC or Blood Alcohol Concentration Test (commonly known as the breathalyzer test) will result in the police officer confiscating your driver’s license immediately. For those driving a commercial vehicle, the legal limit on the BAC test is 0.04%, and for individuals on DUI probation, the legal limit is 0.01% in California. Those drivers who refuse to take a blood or breath test automatically have their licenses suspended as well – under California law, by driving on the roads, you are considered to have implicitly consented to taking a BAC test.
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The Details of Your License
If you fail a BAC test, the police officer will either hand you an Order of Suspension/Revocation on the scene or the DMV will mail you one. This Order of Suspension/Revocation gives you a temporary license that lasts 30 days from when it is issued to you. It is important to note that only at the end of the 30 days does the suspension of your license go into effect. This means that 30 days after being issued the Order of Suspension/Revocation is when you are no longer permitted to drive.
After a person is arrested for a DUI, the police officer takes his or her license and gives it to the DMV. The DMV is then required to do a review on the case. If the review shows the officer improperly suspended your license, the Order of Suspension/Revocation will be disregarded.
It is important to note that you are not powerless in this situation. Within 10 days after being issued the Order of Suspension/Revocation, you have the legal right to request a hearing to show the suspension of your license was not valid. This hearing will typically be over the phone unless you specifically ask for an in-person one. Before this hearing, you are also legally permitted to see the DMV’s evidence against you for the suspension of your license. Our Santa Rosa DUI attorneys are skilled at representing clients in these hearings, and we can effectively fight for your rights.
How Long Does the Suspension Last?
If you failed the BAC test and this is your first offense, your license is suspended for 4 months. But if you have had another DUI offense in the last ten years, the suspension will last a year. Your license will be returned at the end of the suspension, but there is a $125 fee for reissuance.
However, our California DUI lawyers know that in limited situations some clients may qualify for a hardship license, which may allow them to drive in certain circumstances.
Contact one of our Sonoma County DUI lawyers today to get the best advice on how to deal with a DUI.