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California DUI FAQ
Common questions for those who recently received a California DUI charge.

Have you been charged with drunk driving in California?
Received a Driving Under the Influence (CVC 23152) driving charge?
Cited for Driving While Intoxicated (DWI)?
Want to learn more about your options if charged with DUI?

state of California

If you recently were charged within drunk driving, most California drivers have a series of questions that you may have. Below are some common questions that most drives have once they have been charged with a California DUI/DWI.

What happens after I've been arrested for a drunk driving charge?
The law enforcement officer is required by California law to forward a copy of the completed Notice of Suspension or revocation form and your California driver license. The Department of Motor Vehicles automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If your case is upheld during the administrative review, you may request a hearing to contest the DMV action.

Under California law, as a driver, you have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV if the suspension or revocation is set aside following the administrative review.

How do I get my California driver's license back?
Your driver license will be returned to you at the end of the suspension or revocation, however you will need to issue the DMV a check for $125 to the DMV plus proof of insurance. If it is determined by the DMV that there is no basis for the driver's license suspension or revocation, your license will be returned to you at no cost.

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The police officer gave me a document called an Order of Suspension and Temporary License. What am I supposed to do with this document?

According the California law, ou may drive for 30 days from the date yoru document was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked.

For how long will my driver's license be suspended if I took the chemical test?

If you took a blood or breath test, or a urine test, and the results showed 0.08% BAC or more:

1. A first offense will result in a 4-month suspension.

2. A second or subsequent offense within 7 years will result in a 1-year suspension of your driver's license.

Do I need a hearing to get a restricted license to go to and from work?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.

How is the DMV action for the drunk driving charge different from the suspension or revocation following my conviction for th DUI charge?

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in California court is a mandatory action for which jail, fine, or other criminal penalty may be imposed.

DUI/DWI State Laws
Common Questions for those facing a Drunk Driving Charge
DUI Lawyers and how to Select the best attorney for your case.
DUI Field Sobriety Tests
Implied Consent
DUI Court Trial Options
Restricted Driver's License
DUI: Second offense (or more)

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