:: DMV HEARINGS ::
Clients need to know that the law is stricter for drivers under 21 years old. The DMV is required to suspend or revoke the driving privilege of any person under age 21, arrested or detained for driving under the influence of alcohol or drugs or both who:
Takes a Preliminary Screening Alcohol (PAS) Test, a blood, breath or urine test with a Blood Alcohol Concentration (BAC) of 0.01%, or
Refuses to take or fails to complete a PAS, blood, breath or urine test.
If you took a Preliminary Screening Alcohol (PAS) test, a blood, breath or urine test, the following issues will be determined at your hearing:
1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Codes sections 23136, 23140, 23152, 23153 or Penal Code sections 191.5(a) or 192(c)?
2. Were you lawfully arrested or detained?
3. Were you driving a motor vehicle while under the age of 21, with a BAC level of 0.01% or more but not over 0.08% measured by a PAS device, or a blood, breath or urine test?
If you refused or failed to complete a PAS test or a blood, breath or urine test:
1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Codes sections 23136, 23140, 23152, 23153 or Penal Code sections 191.5 (a) or 192 (c)?
2. Were you lawfully arrested or detained?
3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test, a blood, breath or urine test?
4. Did you refuse to submit to or fail to complete a PAS test or a blood, breath or urine test after being requested to do so by an officer?
After a 30 day suspension period, we have helped clients apply for a critical need license if they have completed a PAS, blood, breath or urine test with a BAC level of 0.01% or more, and have a critical need to drive. These clients have submitted applications that comply with Vehicle code sections 12513 and 13353.8 and show a critical need and that all other transportation is inadequate.
If you took a blood, breath or urine test, the following issues will be determined at your hearing:
1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Codes sections 23136, 23140, 23152, 23153 or Penal Code sections 191.5 (a) or 192 (c)?
2. Were you lawfully arrested or detained?
3. Were you driving a motor vehicle with a BAC level of 0.08% or more?
If you refused or failed to complete a blood, breath or urine test:
1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Codes sections 23152, 23153 or Penal Code sections 191.5(a) or 192 (c)?
2. Were you lawfully arrested or detained?
3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test, a blood, breath or urine test?
4. Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?
You must enroll in a first offender DUI Program, file proof of financial responsibility and pay a $125 re-issue fee to the DMV. Your driving privilege will be suspended for 30 days. During this time you cannot not drive. If you get caught driving during the time your license is suspended for a DUI conviction, the penalties are harsh. After the 30 day suspension, you are eligible for a restricted license.
There are two types of restricted licenses:
1. DUI Restriction : Your driving privilege will be restricted to driving to and from the DUI program for an additional 90 days. After the 90 days are up, go to the DMV to pay the $125 re-issue fee and show them the SR-22. The alcohol program may have already transmitted proof of your completion of the DUI Program. Bring proof with you just in case.
2. DUI Restriction plus Work Restriction . Your driving privilege will be restricted to driving to and from work and during the course of your employment, and to and from the DUI Program.
You may also apply for an early termination of the suspension if you attend the first offender DUI Program, but do not apply for one of the two restricted licenses described above. You must have served 90 days of the suspension, complete the DUI Program, file proof of financial responsibility and pay the $125 re-issue fee.
We will determine whether you are eligible for a restricted license. Generally, if it is your first offense, you completed a chemical test and the results showed a BAC level of 0.08% or more and you were over 21 years old, you should be eligible.
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5801 East Slauson Ave., Ste., 250
City of Commerce, CA 90040
(213) 724-4000 | | | | | | | | | | | | | | | | | | |
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MORE HELPFUL LINKS 
:: TROPPMAN V. GOURLEY, 2005 CAL. APP. LEXIS 196 DATE: 2005
:: Proof of Financial Responsibility
:: Possible Affirmative Defenses
:: California DUI Penalties
:: California DMV DUI Penalties
:: What to do if Stopped for DUI
:: Our Recommendations if pulled over for DUI
:: Approved DUI Programs (pdf)
:: dui-help.com
:: Nationwide Network of DUI Defense Lawyers
:: California DUI Lawyers Association
:: Contact Us For a FREE case evaluation
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