If you are arrested for a DUI, the DMV can suspend your California driving privilege. You only have 10 days from the date of your arrest to schedule the DMV APS hearing. If you do not schedule the hearing, your license will be automatically suspended 30 days after your arrest. This suspension is separate from a court-imposed license suspension.
When you are arrested for a DUI, the officer will give you a temporary driver's license. The temporary driver's license will be valid for 30 days from the date you were arrested. If your scheduled hearing is more than 30 days from your arrest date, the DMV will mail you a new temporary license that will be valid until the outcome of your hearing. The temporary driver's license does not provide you with any driving privileges if you do not have a California driver's license or your license is suspended, revoked, canceled, or denied.
If the DMV suspends your license, you may be eligible to apply for a restricted driver's license. Eligibility depends on the number of DUI offenses on your record and whether you submitted to a chemical test. Installation of an Ignition Interlock Device may be required.
If you refused to take or failed to complete a chemical test, the DMV will suspend your license for at least 1 year. If you refused testing, you are not eligible for a restricted driver's license. Please consult an attorney to exercise your right to a DMV Hearing.
California has a Zero Tolerance law for drivers under 21 years old. If you are under 21 years old and (1) take a preliminary alcohol screening test or a chemical test with a Blood Alcohol Concentration level of 0.01% or more; or (2) refuse to take or fail to complete either test, the DMV is required to suspend your license. You may be eligible for a Critical Need Restricted license.
The information provided here is for general informational purposes only and does not constitute legal advice. Viewing or using this information does not establish an attorney-client relationship. If you require legal assistance, please consult CRM Defense directly to address your specific circumstances. While every effort is made to ensure the accuracy of the information, no guarantees are made regarding its completeness or timeliness.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.