The DMV suspension or revocation is an administrative action taken against your driver’s license and is independent of any court-imposed jail sentence, fine, or other criminal penalty imposed for a DUI conviction.

DUI Drivers License Suspension

At the time you were pulled over for drunk driving, if your Blood Alcohol Content was .08% or higher or if you refused to submit to a breathalyzer or blood test, the officer most likely confiscated your driver’s license at the scene. The officer would have then provided you with documentation, which serves as the formal notice of immediate suspension and briefly explains the law and DMV procedures. This documentation also serves as a temporary license that expires after 30 days.

When your license is suspended for a DUI arrest in California, you have the right to challenge the suspension by requesting a DMV hearing within 10 days of receipt of the suspension or revocation order. An administrative review will be initiated and the suspension or revocation will be set aside if it is found that there was no basis for the suspension revocation.

However, the DMV hearing must be requested through the Driver’s Safety Office within 10 days of your arrest. The California DMV will not permit you to request a hearing after 10 days.

Suspension of your license will take effect within 30 days of your arrest. If the DMV is unable to schedule your hearing before your suspension begins, our DUI defense attorneys can request that your suspension be “stayed” until after the DMV hearing.

Driver’s License Suspension from a DUI in Santa Rosa & The Entire North Bay

At the DMV Hearing, the hearing officer will consider the following questions in determining whether suspension of your license is valid:

-Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of the California Vehicle Code, sections 23140, 23152 or 23153?

-Were you placed under lawful arrest?

-Were you driving a motor vehicle and did you have a 0.08% or more by weight of alcohol in your blood or (0.05% or more if under age 21)?

Your suspension must be set aside if the above requirements are not satisfied. If the above requirements are satisfied, we may be able to help you avoid suspension by establishing that your rights were violated or that the arresting officer failed to properly administer the DUI test. If the DMV suspension cannot be set aside, our attorneys will work to have the suspension period reduced and to help you obtain a restricted license that allows you to drive to work.

Period of DMV Suspensions for DUI arrests:

1st DUI offense: 6-month license suspension

2nd DUI offense within 10 years: 2-year license suspension

3rd DUI offense within 10 years: 3-year license suspension

4th DUI offense within 10 years: 4-year license suspension

What if you refused to submit to the breathalyzer or blood test?

If you are pulled over for a DUI and refuse to submit to the breathalyzer, you face an Administrative Per Se suspension (“APS”). Under California’s implied consent law, if the officer had probable cause to believe that you had been drinking and driving, your refusal to submit to a breathalyzer or blood test will result in an APS for at least one year. You are not eligible to receive a restricted license or driving privileges if you are subject to an APS suspension for your refusal to take the breathalyzer or blood test.

Period of Suspension for Refusal:

Drivers of at least 21 years of age:

A first offense will result in 1-year suspension.

A second offense within 10 years will result in 2-year revocation.

A third or subsequent offense within 10 years will result in 3-year revocation.

Drivers under 21 years of age:

A first offense will result in 1-year suspension.

A second offense within 10 years will result in 2-year revocation.

A third or subsequent offense within 10 years will result in 3-year revocation.

You have a right to challenge this suspension, but you must exercise your rights promptly. Our Santa Rosa DUI Lawyers can increase your chances of successfully beating the APS.

We understand that suspension of your driver’s license has a serious impact on your life and we are committed to defending your rights against administrative suspension. Our experienced Santa Rosa DUI attorneys can help you understand your rights and can provide you with skilled representation at your DMV hearing.

Contact us for a free DUI Consultation and learn how we can help you avoid suspension of your license at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.