Drunk driving is taken very seriously in the state of California. As a result, it’s crucial that you fully understand your rights and obligations if you’re charged with DUI. The State of California Department of Motor Vehicles provides the following answers to frequently asked questions so you can rest assured that your rights are being protected.
What happens after a DUI arrest?
Your driver’s license will be taken into possession after your arrest. The arresting officer must send you all documents related to the confiscation of your license, as well as a copy of the report it submits to the DMV. The suspension documents will be subject to administrative review, which looks at all of the information submitted by the officer to determine whether the suspension should be upheld. If it is, you can appeal the decision within ten days.
What is an administrative hearing?
The administrative hearing allows you to present evidence to the contrary to the officer’s claims. If the suspension or revocation of your license is upheld, you’ll lose your driving privileges for a certain period of time. If your evidence shows that your license was taken unlawfully, the court may decide to rescind the order and restore your driving privileges.
What happens if you refuse chemical testing?
State laws require drivers to submit to chemical testing if requested by the officer. Failure to do so will result in an automatic license suspension, which carries depending on how many past offenses you have on record. You’re allowed to requestion urine testing under certain circumstances. These include when a breathalyzer is unavailable, if you’re currently taking anticoagulant medication, which may cause breathing issues, or if you’re a hemophiliac.
