The California DMV Case

As soon as an individual is arrested for driving under the influence or DUI in California, the immediately have two separate cases initialed against them: the criminal case and an Administrative Per Se or APS case, commonly referred to as a DMV Hearing.  The purpose of this hearing is to determine the following issues:   Did the arresting officer have probable cause to believe that the individual was operating a motor vehicle at a time when their blood alcohol concentration or BAC was at or above .08% as determined by a chemical test taken within three hours of the time of driving and was the individual lawfully arrested.  A fourth issue is whether or not the individual refused to provide a chemical test upon request of the arresting officer.  

At or near the time of DUI arrest, the individual's driver's license is confiscated by the arresting officer and mailed to the Sacramento DMV with a DMV document known as the DS-367.  A carbon portion of this document is given to the licensee in the form of a pink carbon copy titled Temporary License Suspension and Revocation Order.  This is what we call a "temporary license."  The temporary license is valid for thirty days and only extends driving privileges that existed at the time of the DUI arrest.  If the individual did not have a valid license, the temporary license does not grant them driving privileges.  After the temporary license expires, the individuals license will be suspended until measures are taken to either reinstate the license or seek a restricted license, if available.  

The temporary license document also serves as a notice to the licensee that they have ten days from the date of service (usually the date of arrest) to contact their local Department of Motor Vehicle Driver's Safety Office or DSO to request a DMV hearing, a stay of the license suspension and a new temporary license while their DMV hearing is pending.  All of this is usually done by the DUI defense lawyer.  

Within about thirty days or so, the DMV Driver's Safety Office will contact the licensee or their attorney to schedule an APS or DMV hearing.  Unless the DUI case involves a refusal allegation, it's unlikely that their attendance and testimony will be required.  Once the DMV hearing has concluded, the hearing officer will render a decision and notify both the DUI lawyer and the licensee by mail.  

For a standard first offense DUI, the license suspension will be four months, however, after thirty days of actual suspension from the DMV hearing (court case suspension doesn't count), the licensee can apply for a restricted license which will allow them to drive in the course and scope of their employment and to and from a DUI school.  The licensee can obtain a restricted license immediately if they install an ignition interlock device or IID in their vehicle.  An IID is a breathalyzer machine that will allow an individual to drive anywhere, anytime, so long as the device is functioning properly.  Both forms of restricted license require enrollment in a first offender DUI school, an SR22 insurance policy and a license reinstatement fee of $125.

First offense DUI refusal cases carry a one year license suspension with NO restricted license eligibility.