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What Happens After a DUI Arrest in California?

What Happens After a DUI Arrest in California?

Under California Vehicle Code 23152, you can be arrested for driving under the influence (DUI) if the law enforcement officer making the traffic stop believes that you were driving a vehicle while under the influence of alcoholic beverages and/or drugs.

Immediately after being arrested for a DUI, the arresting officer will forward a copy of the completed notice of revocation or suspension of your license to the DMV along with a sworn report of the incident. The DMV will then conduct an administrative review of the official report, revocation or suspension order, and the results of any chemical tests. If the revocation or suspension is upheld, you only have 10 days to request a hearing to challenge the decision.

If the arresting officer confiscated your drivers’ license, you will be able to have it returned to you at the end of your revocation or suspension after paying the DMV a reissue fee. If you are issued a temporary license, you will be able to drive for the next 30 days from the date of the order of revocation or suspension.

If convicted of a DUI, your driving privileges will be suspended for a set amount of time depending on whether you submitted to the chemical test or if you refused and whether this was your first DUI arrest within the past 10 years. If you took and failed the chemical test, your driving privileges will be suspended for four months on your first offense, and your driving privileges will be suspended for one year on subsequent offenses within 10 years of a previous arrest. If you were under the age of 21 and the chemical test showed a BAC of 0.01 percent or more, then your driving privileges will be suspended for one year.

If you refused to take the chemical test and were convicted of a DUI, your driving privileges will be suspended for one year on a first offense, your driving privileges will be suspended for two years on a second offense within 10 years, and your driving privileges will be suspended for three years on a third offense within 10 years of a previous arrest. The penalty lengths remain the same if you were under the legal drinking age if you refuse to submit to a chemical test after being arrested for a DUI in California.

If you were charged with a DUI, finding the right legal representation for you as soon as possible is the most important step to take. At Premier Criminal Defense, LLC, our San Diego criminal defense lawyers have worked with people charged with crimes throughout Southern California, and we understand what it takes to secure you the most favorable outcome possible. Call our office at (619) 304-9190 today to discuss your options over the phone, or send us the details of your case through our online form and we will reach out to you as soon as possible.

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