If the defendant is over 21 years old and took the blood, breath, or urine test which showed a BAC of .08% or higher, the defendant can expect: A four months suspension for a first offense. Defendant’s second offense within 10 years of the previous DUI will face a ONE year suspension. Drivers with a BAC of .01 who are under 21 years old face an automatic suspension of up to but not limited to one year.

While there is often a mandatory suspension period before one can qualify for a restricted license, defendants must request a hearing within 10 days of their arrest. If a defendant loses their case at the hearing, they can request a restricted license to use for travel to and from work after the end of their mandatory suspension period (often 30 days).

California drivers are required by law to take a chemical test to determine their BAC. Refusing to take a chemical test can cause mandatory jail time for the defendant. Refusing to take a chemical test will result in a one year license suspension for first time offenders. If it is the defendants second offence a license revocation for a period of two years is required. Defendants facing a third offense in a period of ten years can be given a three year license revocation.

When the DMV takes action against a person’s driving privilege, that person often has a right to hearing before the DMV to contest the action. This hearing must be requested within 10 days of the arrest and hearings can be conducted both in person and on the telephone. At the hearing the driver is given the opportunity to review and challenge all evidence presented against him/her in an attempt to persuade the department to change the action.