Orange County DUI FAQ
Answers from an Orange County DUI Attorney
A DUI arrest can be frightening and overwhelming, especially if you have
never dealt with the criminal justice system before. At
Law Offices of Jacqueline Goodman, we understand the uncertainty and fear that can come after you are charged
with DUI and we are here to help. By providing you with comprehensive
and reliable protection under the law, our
Orange County DUI lawyer can to help you stand the best chance at avoiding conviction.
Below, you will find that we have taken the time to provide you with answers
to some of the most commonly asked questions about DUI arrest and charges.
We invite you to call our firm at any time to schedule a
Common DUI Questions
What happens after DUI arrest in California?
After the law enforcement officer has determined that you are driving
under the influence, you will be taken into custody. The law states that
the officer must immediately forward a copy of any driver's licenses
taken into possession and the completed notice of suspension or revocation
form as well as a sworn report to the DMV. From there, the DMV will automatically
administrative review to examine the submitted forms, test results, and the officer's report
of the DUI. You have the right to request a hearing to contest the suspension
or revocation of your driver's license if the DMV decides to uphold
the suspension or revocation.
Keep in mind that you must request a hearing from the DMV within 10 days
of receiving the receipt of the suspension or revocation notice. You will
not need to request a hearing if the DMV's administrative review shows
that there is no basis for suspension or revocation. The DMV will notify
you in writing after the administrative review if the suspension or revocation
will be set aside.
How do I get my driver's license back after the officer confiscated
it during my DUI arrest?
If the DMV decides that there is no basis for the suspension or revocation
of your driver's license, your license will be issued or returned
to you soon after your DUI arrest. Otherwise, you can expect to get your
driver's license back at the end of the suspension or revocation if
you pay a reissue fee to the DMV and file proof of financial responsibility.
The fee for reissuing your driver's license is $100 if you are under
21 years of age and were suspended under the Zero Tolerance Law pursuant
to California Vehicle Code sections 23136, 13353.1, 13388, or 13392.
In most DUI cases, the law enforcement officer will issue an Order of Suspension
and Temporary License which will allow you to drive for 30 days from the
date that the order of suspension or revocation was issued. In order for
this to be true, your license cannot be expired, you must have a California'
driver's license, and your driving privileges must not be suspended
or revoked for another reason.
What is the purpose of an administrative hearing, and can it help me?
If you have received notice that your driver's license may be suspended
or revoked, you should request an administrative hearing to fight for
your right to drive. A DMV hearing is your chance to prove that the suspension
or revocation of your driver's license is not justified and that you
have the right to drive. It is wise to have the help of a skilled DUI
attorney by your side at the administrative hearing.
Is there any way I can get to and from work if my driver's license
If your driver's license is suspended by the DMV for a period of time,
you have the option of applying for a restricted license which will allow
you to drive to and from work. This type of restricted license will not
be addressed at the DMV hearing. You must apply for a restricted driver's
license at a DMV field office.
How long can my driver's license be suspended if I took the chemical test?
California DUI requires you to submit to a chemical test to determine
the amount of alcohol or drugs in your blood, and these tests include
blood, breath, and urine tests. If your blood alcohol content (BAC) shows up as .08% or higher and you
are unsuccessful in fighting your DUI, your driver's license will
be suspended for a minimum of 4 months. A second or subsequent DUI conviction
within a 10-year time period will result in a 1-year driver's license
If you have been arrested for an underage DUI because your preliminary
alcohol screening (PAS) test or chemical test revealed that your BAC was
.01% or higher, you will lose your license for a year.
Do I have to tell my car insurance company about my DUI?
If you have received a DUI conviction, there are two different ways that
your car insurance carrier can find out about your DUI. The first way
happens when your insurance runs a check on your DMV record, which generally
happens when your policy is up for renewal or when you apply for new coverage.
Any DUI convictions that are within the last 10 years will be visible.
Secondly, your car insurance carrier can find out about your DUI when the
California Department of Motor Vehicles requires you to obtain an SR-22,
which is a certificate of insurance that signifies that you meet the state's
minimum requirements for auto insurance liability coverage.