California DUI & Your Driver's License

If you were arrested for driving under the influence (DUI) in Orange County, one of your top concerns is going to be the fate of your driver’s license. Southern California is a BIG place and as all locals know, our driver’s license is very important.

It’s nearly impossible to drive to and from work, and even our children’s school without a valid driver’s license! That being said, let’s take a look at what’s going to happen to your driver’s license in the upcoming weeks and months.

When you were arrested for DUI, the arresting officer confiscated your driver’s license. When will you get it back? Your driver’s license will be given back to you after your suspension or revocation period ends, providing you pay the Department of Motor Vehicles (DMV) the $125 reissue fee, and you show the DMV proof of financial responsibility.

Order of Suspension & Temporary License

The police officer should have issued you an Order of Suspension and Temporary License. This document allows you to drive for 30 days from the date you received the Order of Suspension and Temporary License, assuming your California driver’s license was valid and it was not expired, suspended, or revoked for another reason not connected to the DUI.

Note: If you were arrested for DUI, you have 10 days from the date of your DUI arrest to request a DMV hearing to address your driver’s license suspension. We highly recommend that you schedule this hearing as it gives you an opportunity to challenge your driver’s license suspension. If you contact us, we can represent you at this important hearing!

How Long Will My License be Suspended?

The suspension period depends on whether you took the chemical test (blood or breath) or not. For example, if you’re 21 or older and you took a chemical test, and your blood alcohol concentration (BAC) was .08% or more:

  • Your license would be suspended for four months (first offense).
  • Your license would be suspended for one year if it was a second or subsequent offense within 10 years.

If you’re under 21-years-of-age and your BAC results showed any measurable alcohol in your system, your license would be suspended automatically for one year. Your license will also be suspended for one year if you are under 21 and you refused a chemical test.

If you are 21 or older and you refused a chemical test, your license will automatically suspended for one year, even if you were not under the influence of alcohol or drugs at all. For a second refusal within 10 years, your license will be suspended for two years.

Need an Orange County DUI lawyer? Contact our firm for a free case evaluation!

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