Individuals who are arrested for a California driving under the influence (DUI) face two separate cases, one in court and one with the Department of Motor Vehicles (DMV). Individuals arrested for DUI need to request a DMV Administrative Hearing within 10 days of their arrest or their driving privileges will automatically be suspended within 30 days. At the DMV Administrative hearing, a hearing officer will review all of the facts of the drunk driving charge to determine if the individual’s driving privileges should be suspended, restricted, or revoked.

Driver Consequences for Drunk Driving

The DMV consequences for California drunk driving depend on whether the driver has prior drunk driving convictions and/or has refused to submit to chemical testing. First-time California DUI offenders who submitted to chemical testing face a four-month suspension and are required to file an SR-22 (formal proof of insurance) with the DMV for the next three years. The driver may be entitled to obtain a restricted driver’s license, allowing him or her to travel only to work and to any required alcohol education classes. First-time CA DUI offenders who refused to submit to chemical testing face having their licenses suspended for one year and no opportunity to obtain restricted driving privileges.

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Attorney Scott Henry: Criminal & DUI Defense