California Department of Motor Vehicles
The Department of Motor Vehicles, otherwise known as the DMV, is the administrative body in California that governs everyones ability to drive upon the roads of the state. As we all learned in High School, driving is a privilege - not a right. The DMV is charged with the responsibility of enforcing the laws and regulations of this state, and all arrests for DUI trigger a seperate action with the DMV to determine if your license should be suspended for a period of time. At the time of your arrest, it is likely that the Officer confiscated your drivers license, and issued you a PINK 30 day temporary license. This temporary license allows you to continue to drive as if you had your normal drivers license for the next 30 days.
The action brought forward by the DMV is known as the Administrative Per Se Hearing (Admin Per-Se). During this hearing, the DMV will attempt to determine whether you have violated any of the driving laws here in CA, and whether those violations should result in suspension of your drivers license. The DMV can not charge you with a crime, fine, or a penalty resulting in jail time. The DMV cares only about your driving privileges, and whether or not to suspend them. Any and all fines, penalties, or jail time will be determined in a separate action filed by the California Superior Court - Criminal Division.
DMV Laws in California
While driving in the State of California, the following is prohibited:
1. Any driver of a motor vehicle may not drive with a BAC of .08% or higher
2. Any driver of a commercial vehicle may not drive with a BAC of .04% or higher.
3. Any driver with a prior DUI and still on probation may not drive with a BAC of .01% or higher
4. Any driver under 21 may not drive with a BAC of .01% or higher
5. Any driver under 18 may not drive with any measurable amount of alcohol in their system
Should the DMV determine at your Admin Per-Se Hearing that a suspension of your license is warranted as a result of driving under the influence, your license will be suspended shortly after the hearing. A ruling is not made on the day of the Admin Per-Se Hearing, it is mailed out to you and your lawyer no more than 20 days after the hearing. Should your license be suspended for operating a motor vehicle while under the influence of alcohol, the following penalties will apply:
DMV Penalties in California
1st DUI Offense: 4 month License Suspension
This suspension can be reduced to a mere 30 days by working with your lawyer to obtain a "Restricted Drivers License" which allows you to drive to and from work, or anywhere within the scope of your work responsibilities. In order to obtain a restricted drivers license you must first file for proof of financial responsibility (SR-22 proof of insurance), pay a $125 Reissue fee to the DMV, and Completion of a Driving Under the Influence (DUI) program licensed pursuant to Sec. 11836 of the Health and Safety Code.
2nd DUI Offense: 1 Year License Suspension
If your 2nd DUI is within 10 years of your first, your license will preliminarily be suspended by the DMV for one (1) year. However, just with a 1st DUI, if you work carefully with your lawyer you may be eligible for a Restricted Drivers License after only 90 days. In order to obtain a restricted drivers license you must first file for proof of financial responsibility (SR-22 proof of insurance), pay a $125 Reissue fee to the DMV, and Proof of Enrollment in an 18 month Multiple Offenders Alcohol Program. In addition to the above, you will also be required to show Proof of Installation of an Ignition Interlock Device (IID), which is a breathalyzer device installed into your vehicle. You will be required to blow into the device each time you wish to start your vehicle.
3rd DUI Offense: 2 Year License Suspension
If your 3rd DUI is within 10 years of your first, your license will preliminarily be suspended by the DMV for two (2) years. However, just as with a 1st DUI, if you work carefully with your lawyers you may be eligible for a Restricted Drivers License within 180 days. If your DUI conviction alleges only alcohol, and not drugs, then you may be eligible for a restricted license within 6 months. However, if drugs are alleged, then the restricted license will not be available until after a full 1 year. In order to obtain a restricted drivers license you must first file for proof of financial responsibility (SR-22 proof of insurance), pay a $125 Reissue fee to the DMV, and Proof on Enrollment in either a 18 or 30 month Multiple Offender Alcohol Program. In addition to the above, you will also be required to show Proof of Installation of an Ignition Interlock Device (IID), which is a breathalyzer device installed into your vehicle. You will be required to blow into the device each time you wish to start your vehicle.