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 In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)
It is critically important to CALL THE CALIFORNIA DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out. The California Department of Motor Vehicles is a huge bureaucracy with all of the inefficiency and incompetence that one has come to expect. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" — a DMV employee without legal training who will serve as both prosecutor and judge. Without an attorney experienced in such hearings, the chances of obtaining a "set-aside" of the suspension are not good. The following resources will provide information about the California Department of Motor Vehicles and the laws that largely govern their reponsibilities: the California Vehicle Code. California DMV The Driver's License Guide to the DMV DUI Suspensions Over/Under 21 DUI Suspensions Impairment Chart AAA California DUI Guides: The DMV DMV Office Locations Forms Vehicle Code Publications Administrative Hearings DMV FAQs Get a Copy of Your California DMV Record California Vehicle Code California DUI: A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups seeking the passage of unfair laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. See also "Responsibility in DUI Laws, Inc.", an organization dedicated to reforming harsh and misdirected DUI laws. |
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