Can I really lose my license?
June 25th, 2009As a practicing criminal defense attorney in California I hear that question more than a few times a month from persons calling the office after having been arrested for driving under the influence. Anyone arrested for driving under the influence in California will face license suspension if they provide an alcohol screening test result that comes back with a result of .08% blood alcohol or higher, or if they refuse to take a test.
The threshold is much lower for persons under the age of 21. Anyone under age 21 arrested for driving under the influence in California will face license suspension if they provide an alcohol screening test result that comes back with a result of .01% blood alcohol or higher, or if they refuse to take a test.
The above rule is known as the Administrative Per Se Suspension Rule. Notice of the Administrative Per Se Suspension is provided by the arresting police officer or police agency. The actual suspension is administered by the California Department of Motor Vehicles. There is no pre-suspension imposition right to court review of an Administrative Per Se suspension. If one wishes to contest an Administrative Per Se suspension with a view toward avoiding license suspension, one only has 10 days within which to request a hearing to challenge the suspension, and request a stay of the suspension until the time of a hearing. If one takes no action, their license will be suspended 30 days after arrest.
The period of suspension will be for four months for over age 21 first time offenders that take a test. A restricted license may be available after 30 days of suspension. The suspension will be one year for persons refusing a test and for under age 21 offenders. Multiple offenders are looking at much longer periods of suspension.
If you, or any you know has been arrested for DUI and has questions contact the best San Jose DUI Lawyers at the Law Offices of Bernard P. Bray at: (408) 292-9700.
Tags: Criminal Law, DUI Law