You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason. If you are 21 years old or older, took a blood or breath test, or if applicable a urine test, and the results showed a blood alcohol content BAC of 0.
If you are under 21 years old, took a preliminary alcohol screening PAS test or other chemical test and results showed a BAC of 0. A request for a restricted license cannot be considered at the DMV hearing. If an officer states this, it means that you did not submit to or complete a blood or breath test after being requested to do so. As of January , a urine test is no longer available unless:. If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or a urine test if applicable :.
If you were under 21 years old at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:.
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence DUI.
The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.
Only the following issues will be discussed:. Both State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law means that you will receive a notice of the action DMV intends to take against your driving privilege and you will be given an opportunity to be heard hearing. When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.
First Offenders Injury Restriction Options. Repeat Offenders Restriction Options. If you have a commercial driver license CDL , you must downgrade to a Class C noncommercial driver license in order to get a restricted license. Any driver with a third or subsequent DUI offense within 10 years is not entitled to apply for any type of restricted license.
An officer will serve you an immediate order of suspension if you have a blood alcohol content level BAC of 0.
If somebody is injured , you may be subject to: Up to 1 year imprisonment in a county jail OR up to 7 years in a state prison. Both a fine and imprisonment. Negligent Operator Treatment System NOTS If your CA driver's license was suspended due to too many points on your driver record , you will receive a series of warning letters and sanctions before your CA driver's license is suspended.
Level 2 Notice of Intent to Suspend , if you accrue: 3 points within 12 months. Level 4 Violation of NOTS Probation and license suspension , if you: Commit a violation or collision while your driver's license is suspended.
Are under 18 years old and violate a provisional probation due to a responsible collision, an FTA or FTP, or another reportable violation. Your BAC level is 0. In addition to the immediate driver's license confiscation under the APS program, you may also receive any of the following penalties from the court system: Driver's license suspension.
Jail time. Other criminal penalties. What Happens to My Driver's License? Under 21 Years Old If you're under 21 years old, your driver's license may be suspended for 1 year if you are caught with alcohol in your vehicle unless the container is full, sealed, and unopened, and you are accompanied by a parent or other approved person. Restricted California Driver's License In California, you can apply for a restricted driver's license to use until your permanent license is reinstated, if your suspension was due to: Driving under the influence of alcohol DUI.
OR Failing to have car insurance. The results of your chemical test showed a BAC level of: 0. Surety bond. Self-insurer certificate. Your restricted license will only allow you to: Drive to, from, and during the period of your employment.
Drive to and from the location of your DUI program. Failure to Have Car Insurance If your driver's license was suspended as a result of being in an accident and not having car insurance, you may be eligible for a restricted license to use during your mandatory suspension of 1 year.
With a restricted license, you may only drive: To, from, and during work. To obtain medical care for yourself or your family members for any serious medical problem. Like driving under the influence DUI , boating under the influence BUI of drugs or alcohol is a crime for which the law provides various penalties. These penalties include fines, imprisonment, completion of an alcohol or drug treatment program, and completion of a boating safety course.
Department of Motor Vehicles Cal. The Bill passed the Senate but has yet to make it through the Assembly. An analysis by the Assembly Committee on Appropriations noted of the Bill that there are many differences between boating and driving both in peoples actions and the legal scheme, which indicates that driving privileges should not be suspended upon a BUI conviction.
As it stands now, the a prior BUI conviction can be used to enhance the penalties for a subsequent DUI conviction which includes license suspension but the DMV cannot suspend a persons license upon a BUI conviction itself. Legal Administrative Assistant. Hiring Mr. In California, all DUI sentences include license suspension. License suspension is one of the most dreaded penalties of a DUI charge.
The law is simple: if you are convicted of driving in California, you lose your license. License suspension can last for months or years depending on the nature of your DUI charge. In some rare cases, you can lose your license permanently.
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