DMV Information

Law Offices of Ahren A. Tiller

Available 24 Hours a Day, 7 Days a Week

San Diego City: 1-619-236-3408

North County: 1-760-520-3725

Actions Resulting in Loss of License - Admin Per Se, Court DUI Convictions

ADMIN PER SE

When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs or a combination of both.

Under 21 – Zero Tolerance for Alcohol Use. If you are under 21 you must submit to a preliminary alcohol screening (PAS) or one of the other chemical tests if you have been detained and a peace officer has reason to believe you were drinking alcohol. If your BAC measures .01% or a higher on the PAS, the officer may take your license, issue you a temporary license for 30 days, give you an order of suspension for one year, and then determine whether to release you, turn you over to juvenile authorities, or to contact your parents. You may request a DMV administrative hearing within 10 days.

If your PAS showed a BAC of .05%, the officer may require you to submit to either a breath or blood test. Some PAS devices provide a record which may be submitted in court as evidence. Other PAS devices do not provide a record, so the officer may ask for a breath or blood test after the PAS. You do not have a right to consult with a lawyer before selecting or completing a test.

If a subsequent test reveals a BAC of .05% or higher, the officer will issue you an order of suspension, arrest you for DUI (VC §23140), and detain you until you can be turned over to your parents or juvenile authorities. If your BAC is .08% or higher, the peace officer may arrest you. (VC §§23152 or 23153)

If the officer reasonably believes you are under the combined influence of alcohol and drugs and you have already submitted to a PAS and/or a breath test, you may still be required to submit to a blood or urine test because the breath test does not detect the presence of drugs.

If you refuse to submit to any of the tests, your driving privilege may be suspended for the refusal. Even if you change your mind later and agree to a test, your driving privilege may be suspended for both reasons, although both actions will run concurrently.


Court DUI Convictions

If you are convicted of driving with excessive BAC or while under the influence of either alcohol or drugs or both (DUI), you may be sentenced to serve up to six months in jail and to pay a fine between $390 and $1000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and subject to storage fees.

On the first conviction the court will suspend your driving privilege for six months and require you to complete a DUI program before you can be reinstated. The length of the program may vary. If your BAC was .15% or higher and you already had a record of violations for other reasons or you refused to submit to a chemical test, the court may order you to complete a nine-month or longer program. If your BAC was .20% or higher and the court refers you to an enhanced DUI treatment program, your license will be suspended for 10 months.

In cases involving serious injury or death, you may be punished under California’s Three Strikes Law. You also could face a civil lawsuit. All DUI convictions will remain on DMV’s records for ten years and the courts and the DMV may impose more stringent penalties for subsequent violations during that period.

A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of driving under the influence even without a BAC measurement.


Drivers 21 and Older—DUI Programs and Restricted Licenses

Completion of a DUI program is required for all DUI convictions. Generally, if you are over 21 and enroll in a DUI program, file a California Insurance Proof Certificate (SR 22), pay the restriction and reissue fees, DMV will issue you a restricted driver license which allows you to drive to/from work and during the course of employment (unless you hold a commercial driver license) and to/from a DUI program. However, if you would be considered a “traffic safety” or “public safety risk” if permitted to drive, the court may order DMV not to grant you a restricted driver license. Other actions against you may also prohibit the issuance of a restricted license.

Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/revocation and either enroll in, or complete a portion of, a DUI program, you may obtain a restricted license to drive anywhere necessary if you

  • install an IID on your vehicle.
  • agree not to drive any vehicle without an IID.
  • agree to complete the prescribed DUI program.
  • file an SR 22.
  • pay the reissue and restriction fees.

Available 24 Hours A Day, 7 Days A Week

San Diego City: 1-619-236-3408

North County : 1-760-520-3725

© The Law Offices of Ahren A. Tiller - San Diego Criminal Defense Attorney & DUI Lawyer

Disclaimer: The information on this website in regards to DUI, DWI, DMV, criminal defense, drug, juvenile, probation, assault, robbery, grand theft, murder, manslaughter, federal and or any other criminal defense related topics should NOT be taken as formal legal advice or the exact advice of Ahren A. Tiller. For professional legal advice please contact lawyer Ahren A. Tiller and set up a free consultation. San Diego Office: 1-619-236-3408 or North County: 1-760-520-3725.

San Diego

1-619-236-3408

Law Offices of

Ahren A. Tiller

North County

1-760-520-3725