Fresno DUI Attorney | Fresno DUI Lawyer
Importnat DUI related information for the DMV
While helping a client with a DMV Admin Per Se Hearing at the Fresno DMV Drivers Safety office I notices a fact brochure on Immediate Driver License Revocation: Drivers Age 21 and Older. As an Attorney in the Fresno area, where DUI's are very common, I felt that it would be helpful to post some of the relevant information that the DMV distributes for Drivers who are cited for DUI.
IMMEDIATE DRIVER LICENSE SUSPENSION OR REVOCATION: DRIVERS AGE 21 AND OLDER
ADMIN PER SE IMMEDIATE DRIVER LICENSE SUSPENSION OR REVOCATION
The administrative license suspension program, known as "Admin Per Se" (APS) was implemented in 1990 as a stronger deterrent to drunk driving (DUI). The following information is a general guide for drivers 21 years of age and older who become subject to an APS driver license (DL) suspension or revocation. All APS cases are unique, and the reproduction of the DMV brochure is not intended as legal advice. The DMV makes information available at www.dmv.ca.gov.
WHO IS AFFECT?
The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested fro drving under the influence (DUI) of alcohol or a combination of alcohol and drugs who:
*Takes a cheical (blood or breath test) which shows a blood alcohol concentration (BAC) level of 0.01% while on DUI probation, 0.04% while driving a commercial vehicle, and/or a BAC of 0.08% or more while driving a noncommercial vehicle, OR
*Refuses to take or fails to complete a chemical test (blood or breath test) to determine his / her BAC level.
* NOTE a urine test is not avialbe unless on of the following apples
* The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol.
* Both the blood and breath tests are unavailable.
*You are taking anticoagulant medication
WHAT HAPPENS TO MY DRIVERS LICENSE?
The officer will give you an Order of Suspension / Revocation. If you have avalid California driver license, and send it to the DMV (to be destroyed). The Order of Suspension/Revocation includes a temporary driver license valid for 30 days, the suspension/revocation action goes into effect. If the officer does not serve you with an Order of Suspension/Revocation, the DMV will mail you one.
The temporary Driver License does not allow you to drive if there is another DMV or Court Imposed Drivers license action in effect.
The suspension/revocation is independent of any jail fine, or other criminal penalty imposed in court if you were convicted of the DUI offense.
WHAT DOES DMV DO?
The DMV automatically conduct an administrative review which may include an examination of the officer's sworn report and any accompanying documents, such as an arrest or traffic collision report.
If the review shows there is no basis for the APS suspension/revocation, it will be set aside. The DMV will notify you in writing only if the suspension/revocation is set aside.
WHAT CAN I DO ABOUT THE SUSPENSION / REVOCATION?
You have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/Revocation is not justified. The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/Revocation will not be stayed (delayed) unless:
*You request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/revocation.
Before the hearing, and upon request, you may see and/or obtain copies of the DMV's evidence. If you want copies released to someone else, such as an attorney, you must give the person signed permission. You have the right to have a sign or language interpreter present at your hearing. Immediately notify the DMV if you require an interpreter.
You may represent yourself or at your own expense, an attorney or another person may represent you at the hearing. You may present oral testimony and other evidence. Your testimony will be taken under oath or affirmation and the hearing will be recorded.
The DMV ordinarily does not arrange to have the peace officer testify. However, the DMV reserves the right to call the officer if his/her testimony is needed. You may subpoena the officer or any other witness(es) you fell may help your case and have relevant testimony or evidence to present. You are responsible for paying the required fees and for making sure your witnesses(es) receives the subpoena.
After the hearing decision, you may submit a written request for a department review within 15 days of the effective date of the notice. the fee for a department review is $120 (California Vehicle Code (CVC) Section 14105.5, 14907).
To reinstate your driving privilege after an APS suspension/revocation, you must:
*Pay a $125 reissue fee to the DMV (CVC 14905).
* File proof of financial responsibility (i.e., a California Insurance Proof certificate (SR 22}, $35,000 cash deposit, surety bond, or self insurer certificate under CVC Section 16430).
*Maintain proof of financial responsibility for three years
Your need for a drivers license is not an issue at the APS hearing. Only the following issues will be discussed:
A. IF YOU TOOK A CHEMICAL TESTS:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC Section 23152, 23153, or 23154?
2. Were you lawfully detained while on DUI probation or lawfully arrested?
3. Were you driving a motor vehicle when you had 0.01% BAC or more by weight of alcohol while on DUI probation; 0.04% BAC or more by weight of alcohol while driving a commercial vehicle; or 0.08% BAC or more by weight of alcohol while driving a non-commercial vehicle?
B. IF YOU REFUSED TO COMPLETE A CHEMICAL TEST
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC Sections 23152, 23153, or 23154?
2. Were you lawfully detained while on DUI probation or lawfully arrested?
3. Were you told that your driving privilege would be suspended or revoked for one, two, or three years if you refused to submit to or failed to complete a chemical test?
4. Did you refuse to submit to, or fail to complete a chemical test or preliminary alcohol screening (PAS) test while on DUI probation) after being requested to do so by a peace officer?
HOW LONG WILL i BE SUSPENDED OR REVOKED?
A. If you took a chemical test, and the results showed a BAC of 0.04% while operating a commercial motor vehicle, or a BAC level of 0.08% or more while operating a noncommercial vehicle, your driving privilege will be suspended for:
* Four Months-- first offense
*One year-- one or more separate offenses in ten years.
A Court ordered DUI probation prohibits a person previously convicted of a DUI from operating a motor vehicle with any measurable amount of alcohol in the driver's blood (0.01% BAC)
If you took a PAS or chemical test, and the results showed a BAC level of 0.01% or more, and you were on a court-ordered probation for a prior DUI conviction of CVC Section 23152, 23153, in addition to the APS suspension, the DMV will impose a concurrent one-year suspension based on violation of your DUI probation. You are not eligible for a restricted license during the one-year period.
B. If you refused or railed to complete a PAS or other chemical test, and you were on a court-ordered probation for a DUI conviction of CVC Section 23152 or 23153, the following licensing sanctions will apply:
* First Offense -- a one-year suspension; a two year revocation, if on DUI probation.
* Second Offense: within 10 years of a separate violation of driving under the influence, will result in a 2-year revocation; a 3-year revocation while on DUI probation.
* Three or more offenses: Within 10 years of any combination of the above violations, convictions, or separate administrative determinations will result in a 3-year revocation.
RESTRICTED LICENSE ELIGIBILITY
You may be eligible for a noncommercial restricted driver license if all of the following apply:
*This is your first offense. **
*You completed a chemical test.
*The results showed a BAC level of 0.04% while operating a commercial vehicle, or 0.08% or more while operating a noncommercial vehicle.
*You were 21 years of age or older (CVC Section 13353.7).
* Your driving privilege is not suspended or revoked for some other reason.
** FIRST OFFENSE: You must not have had another offense within 10 years of a separate DUI violation. This includes a charge reduced to reckless driving, vehicular manslaughter, or violation of CVC section 23149, which resulted in a conviction or separate administrative determination that you were driving with a BAC of 0,01% or more while on DUI probation, driving a noncommercial vehicle with a BAC of 0.08% or more, driving a commercial vehicle at any age with a BAC of 0.04% or more, OR your refused a chemical test.
Holders of a commercial driver license must down-grade to a Class C non-commercial driver license. You may then request the applicable restriction noted below which shall remain in effect for five months.
*Noncommercial vehicle, you may be eligible for a restriction to drive to and from a DUI treatment program, and to/from a DUI treatment Program, and to/from/during course fo employment only.
* Commercial Vehicle: you may be eligible for a restriction to drive to/from a DUI treatment program only.
NONCOMMERCIAL RESTRICTED LICENSE
To be issued a Non Commercial restricted driver license, you must:
* Enroll in a licensed DUI first Offender Program. (You must notify the program provider that you intend to apply for a restricted driver license.)
* Ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with the DMV (CVC Section 23538(b)).
* File proof of financial responsibility (i.e., a California Insurance Proof Certificate (SR 22), $35,000 cash deposit, surety bond, or self insurance certificate under CVC Section 16430).
* Pay a $125 reissue fee.
* Wait until the end of the mandatory 30-day suspension period before applying for a restricted Drivers license.
* Requested a to/ from during course of employment and DUI program restriction. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for five months.
If you enroll and fail to participate or do not complete the DUI Program, the DMV will suspend your driving privilege for up to four months.
Note from the site manager: DUI's are one of the most common Criminal Defense cases in the Central Valley Fresno area. The punishment for DUI's is two fold, being both a criminal matter, and having severe DMV consequences. Navigating the path from a suspension back to holding a valid California Drivers License can be complicated. Criminal Defense / DUI Attorney's can help you with this situation.