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David D. Diamond State Bar Certified Criminal Law Specialist

DUI ARRESTS... WHAT HAPPENS TO MY LICENSE

DUI ARRESTS

If you are arrested for a DUI, you must call the DMV within 10 days of that arrest to request an administrative hearing.  

At the DUI hearing with the Department of Motor Vehicles,  it must prove ALL of the following 3 elements to suspend your license. 

Factors at the Hearing that must be proven by the DMV

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code?
  • Were you lawfully arrested?
  • Were you driving a motor vehicle when you had 0.08% or more, by weight, of alcohol in your blood?

Factors at the Hearing that must be proven by the DMV when there is allegations of a Refusal To Submit To Or Failure To Complete A Chemical Test

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code?
  • Were you lawfully arrested?
  • Were you told that your driving privilege would be suspended for one year, or revoked for two or three years if you refused to submit to, or failed to complete, a chemical test?
  • Did you refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?