Do you possess a California driver’s license or are you planning to apply for one? In any case, you must be aware of the nuances of California DUI laws and their corresponding penalties. Keep in mind that drunk driving charges in the state can be quick and quite harsh specifically in terms of penalties imposed. Thus, it is essential to at least be aware of the basic procedures the moment you are arrested and a charge is made against your person. This will enable you to solicit the necessary legal assistance at the earliest possible opportunity and before the more crucial legal remedies are lost through prescription.
When a person is arrested for drunk driving in California, he essential commits a violation of California Vehicle Code 23152(a) and (b). The former states that it is against the law for any person to operate or be in control of a motor vehicle while they are under the influence of alcohol or drugs. The latter legislation provides that it is against the law to operate a motor vehicle with a blood alcohol concentration of .08% or greater. Basically, the individual will be facing two separate charges: one for the criminal aspect of the case and another which falls under the authority of the DMV (Department of Motor Vehicles) for sanctions against the individual’s driving privileges.
So what happens after a charge is made? The arresting officer will immediately suspend or revoke your license depending upon the circumstances. Your license will then be forfeited to the said arresting office who will send it along with his report to the California DMV. As part of his report, the arresting officer will require the offender to take the mandatory blood, breath, or urine test as the case may be. The results of the same will be sent in with the report. Once the DMV receives the report, it will proceed to conduct its own internal administrative review of the same. This includes a thorough review of the suspension or revocation form, blood, breath or urine test results as well as all other additional information or evidence accompanying the report. The DMV will then render its decision on whether or not to uphold the suspension or revocation and eventually restore the individual’s driving privileges if the decision says so.
This is now the critical part as far as the offender is concerned. Take note that from the time an arrest is made, the individual must be quick enough to request for a DMV administrative hearing, specifically within 10 days from the same. Otherwise, the DMV will most likely uphold the revocation or suspension and there the chances or recovering your driving privileges is very nil. In the absence of such a request for hearing, the DMV’s decision is final and it is very rare indeed that it would overturn the same despite the experience and skill of your DUI defense attorney. The moment you have been arrested, it is highly recommended to seek legal help ASAP so that the proper steps may be taken by your defense attorney to protect your driving rights and privileges.
