Saturday, January 1, 2011

California DUI Laws | Drink Driving Penalties

Administrative License Suspension

This is an administrative suspension of your license and you can seek to have this suspension set aside at an administrative hearing but you must seek this hearing date within 10 days of your arrest. If you do not you have forfeited your right to a hearing and your license will be suspended for 4 months for a 1st offense.

It is important to note that if you have been arrested for dwi or drunk driving there are 2 elements to the legal proceedings against you. The first part, as outlined above, is the administrative suspension of your license.

The second and more serious legal proceeding is the California drunk driving criminal prosecution and there are 2 aspects to this-

a)    You will be charged with driving under the influence of drink and/or drugs or DUI;

b)   You will also be charged with having a BAC of .08% or higher which is the “per se” offense referred to on this page of this site-drink driving penalties.