A driver who refused a breath, blood or urine test at the time of arrest faces harsher consequences. The consequences imposed by the California Department of Motor Vehicles after a drunk driving arrest will depend on whether the motorist has prior Driving Under the Influence (DUI) convictions, and whether or not the driver agreed to take a chemical test. If the California DMV hearing officer can establish that, that the driver was lawfully arrested, and that the motorist had a blood alcohol content (BAC) of, the APS action will be imposed. In order to suspend a driver's license, the California DMV hearing officer must find that three facts have been proven by a preponderance of the evidence - the lowest standard of proof in law. A restricted license is contained in CALIFORNIA VEHICLE CODE § 13352.4. Once you do that, you will be able to drive under the restriction. The second possible outcome is that an administrative per se action (APS) will be imposed.īefore you can reapply for your California driving privileges, you have to wait. This means that the California DMV case is over, and the driver is free to go to the Department of Motor Vehicles and obtain a duplicate driver’s license. The first and best possible outcome is that the California DMV hearing officer can set aside the revocation, suspension or restriction of a driver’s license. Consulting with an experienced can help ensure the best possible outcome at an APS hearing.

The California DMV case is far more time-sensitive - the driver must request a, or risk having his or her.

License Suspension California drivers arrested for a Driving Under the Influence (DUI), or drunk driving in San Francisco, Bay area face two separate cases - in, and at the California Department of Motor Vehicles.

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