Common questions about DUI in California

Those who get arrested for driving under the influence of alcohol in California may have many questions about what will happen next surrounding this process.

In the U.S., all states except Utah consider driving with a blood alcohol content level at or above 0.08 an illegal offense, states the Governors Highway Safety Association. After operating a vehicle under the influence of alcohol, those who were arrested for DUI in California may have many questions about what happens next and the type of consequences they face.

What happens after the initial arrest?

Following the initial DUI arrest, the law enforcement official will fill out and submit a notice of suspension or revocation, as well as the driver's license taken into possession, to the DMV. According to the State of California Department of Motor Vehicles, the DMV will then conduct an administrative review.

This review involves examining the arresting law enforcement official's report, looking over the revocation or suspension order and reviewing any submitted test results. During this administrative review, the DMV will decide whether to uphold the revocation or suspension. Alleged drunk drivers who receive a receipt of the revocation or suspension order have 10 days to request a hearing with the DMV to discuss this action.

What is the purpose of an administrative hearing?

During an administrative hearing, those who received a DUI have the opportunity to prove that revoking or suspending their driver's license is not a justified action. Those who prove that there is no basis for the revocation or suspension will have their driver's license returned back to them.

How do you get a confiscated driver's license back?

Those arrested for drinking and driving will receive their driver's license back following the end of the revocation or suspension period. However, to accomplish this process, drivers must pay a $125 reissue fee to the DMV and file proof of financial responsibility.

What should you do with an Order of Suspension and Temporary License?

After receiving an Order of Suspension and Temporary License, those arrested for DUI can drive for 30 days following the issuance date. However, drivers only maintain this right if their license is not expired and if their license is not currently revoked or suspended for a different reason.

Reach out to an attorney

Those who get arrested for drinking and driving in California may have a variety of other questions on their mind following the arrest in addition to those listed above. For this reason, those facing the consequences of a DUI should contact an attorney in their area for additional information and legal assistance moving forward.