In California, the DMV will suspend or revoke your driving privileges if you have been arrested for Driving under the influence of alchohol or drugs with a Blood Alcohol Concentration (BAC) level of 0.08% or higher or if you refuse to be tested.

After being charged with DUI, you have just 10 days to request a hearing from the DMV to protest your license suspension.

When can an officer take my license for a DUI?
If you are arrested for driving under the influence, the officer can, and usually will, take your license if: 1) you refuse a blood or breath test 2) you take a test and your blood alcohol is .08 % or higher, or 3) you take a test where the results cannot be analyzed until later, but the officer believes you may be under the influence of drugs or alcohol based on other factors, such as the way you were driving or your appearance, conduct, or odor of alcohol.

The officer will give you a pink piece of paper; this is a notice that your license is suspended combined with a 30-day temporary license. If you are from out of state, the officer will not seize your license, but your California driving privileges will be suspended.

What should I do after my license is suspended?
You or your DUI lawyer MUST call the DMV within 10 days of your arrest to request a hearing to contest your license suspension. If you don't request a hearing, you will lose your license for four months. If you request a hearing and it is set for more than 30 days after your arrest, your lawyer can request an extension of your temporary license. There is no penalty for requesting a hearing.

What happens at a DMV hearing for a DUI license suspension?
The DMV is a separate agency and the hearing to contest your license suspension will be held separately from your criminal case for the DUI.

The DMV hearing will be run by a Driver Safety Officer, who is employed by the DMV and who is not a lawyer. The Driver Safety Officer will decide whether there is a "preponderance" of the evidence that you were driving under the influence of alcohol or drugs. These hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced DUI lawyer is essential to present your best possible arguments. I have handled many DMV hearings and had many successes; I can help you. Please call me, attorney Scott R. Cadzow, at (949) 361-9413 or (760) 757-0110 for more information and a free consultation.

The hearing officer usually will not make a decision on your suspension until some days or even weeks after the hearing. A decision against you can be "appealed" to the DMV in Sacramento and/or to the Superior Court by filing a writ, although there must be strong legal grounds in your favor for a writ to change the outcome.
The decision in the DMV license suspension hearing will not affect your criminal case one way or the other.

If the DMV decides to suspend my license, when will I get it back?
If this is your first DUI arrest in the last seven years, your license will be suspended for 4 months. If you file proof that you have enrolled in a DUI school AND proof of insurance, this can be reduced to 1 month followed by 5 months of work restriction. If you refused a blood or breath test, the suspension is for 1 year; no work restriction is allowed. If you have a second DUI within seven years, your license will be suspended for 1 year (2 years if you refused a blood or breath test).

Scott R. Cadzow is an experienced DUI defense attorney with over 20 years experience representing clients throughout Orange and San Diego Counties. He has personally defended many people accused of DUI or who have had their licenses suspended by the DMV. If you or a family member has been charged with felony DUI with bodily injury or death, contact Scott R. Cadzow.

Your DUI License Suspension charge is important to us and
we understand your need for urgent assistance.

Orange County San Diego DMV Suspension Attorney