DUI charges could result in administrative license suspension
Being able to drive may seem like a right in California, but it really is a privilege. This means that it can be taken away if people do not follow the rules. There are many rules that drivers need to follow as they drive, but one of the most important rules that drivers need to follow is the drunk driving laws.
It is illegal for people to drive while under the influence of alcohol. If people do that they risk being charged with a crime. If they are convicted of a DUI, they face fines, potential jail time and other consequences. However, there are other potential consequences which are not tied to the criminal proceeding at all.
Even before people are convicted, they may have their driver’s license suspended. People suspected of driving under the influence are required to provide a chemical test such as a breath test or blood test. Depending on the results of the test their driver’s licenses could be suspended.
Potential length of administrative driver’s license suspensions
If that test indicates that people have a blood alcohol concentration (BAC) above 0.08% their license could be suspended for four months for a first-time DUI. If people are charged with a second DUI within 10 years of the first, the license suspension increases to one year. If people are under 21 years old at the time of the offense and the driver has a BAC of 0.01% or greater, the suspension is one year even for a first-time offense.
If people refuse to take a chemical test, the driver’s license suspension increases to one year for a first-time offense. For a second offense within 10 years of the first offense, the revocation is two years. If it is a third offense within 10 years, the revocation increases to three years.
In California, this suspension starts 30 days after people receive the DUI charge not when people are convicted of a DUI. People can challenge this suspension though. People can request an administrative hearing within 10 days of receiving the notice of suspension. At the hearing people will have an opportunity to prove why the suspension is not justified.