At the time a person is arrested for Driving Under the Influence, the arresting police agency will take away his or her drivers license and issue a temporary license which is good for 30 days from the date of arrest. When the 30 days are up, the D.M.V. will suspend the privilege to drive for 180 days for the first offense and one year for second or subsequent offenses. These suspensions have nothing to do with the courts. They are completely separate.
D.M.V. HEARING A defendant must request a hearing to determine if the suspension was appropriate within ten days of arrest. If the hearing is not requested within 10 days of the arrest date, theright to a hearing is lost and the 120 day suspension will take effect at the expiration of the 30 day temporary license. There are very few exceptions to the 10 day requirement.
The only issues that the D.M.V. will hear at the hearing are:
1. Was there a lawful stop and arrest? 2. Was the blood alcohol 0.08% or higher? 3. Was the person driving the vehicle?
These are difficult hearings to win but with the proper evidence and presentation the D.M.V. will reverse a suspension as the result of a hearing. If a hearing is not successful, the defendant may reduce his/her suspension from 120 days to 30 days by enrolling in a minimum 90 day alcohol program. Once enrolled in the program a restricted driver’s license may be obtained with proof of enrollment. The restricted license allows driving to and from work/school and the alcohol program.
ADDITIONAL REQUIREMENTS There are other requirements that must be met before reinstatement of a license even if the defendant waits the 120 days. (Section 13353.4(a) V.C.) 1. Proof of completion of or enrollment in a 90 day or 9 month program. 2. Proof of insurance. 3. No other offense prior to reinstatement.
EXCEPTIONS TO SUSPENSION The only possible exception to the "Per Se" suspension laws is Section 13353.6 which applies to commercial drivers licenses. Under this section there is still a 30 day suspension followed by a 30 day restriction to drive for work only.
COURT RESTRICTION NOT AN EXCEPTION Quite often people become confused because the court doesn’t suspend or restricts their license instead of suspending it. In fact, the court will sometimes restrict a license even though the D.M.V. has, or is going to suspend it. If the D.M.V. suspends the license and the court doesn’t, the suspension still applies. The only time that the court supersedes the D.M.V. is if the court gives a longer suspension; the court or jury makes a finding offactual innocence or under certain circumstances there is a plea to a reduced charge. A finding of factual innocence is more than a "Not Guilty". A "Not Guilty" means that guilt was not proven beyond a reasonable doubt. A finding of factual innocence goes beyond not guilty and specifically finds that the person is, in fact, innocent. A finding of factual innocence will override a negative finding at a D.M.V. hearing. However, both a finding of factual innocence and a plea to a reduced charged require another DMV hearing.