| Initial Procedures. If you are arrested for DUI (or drunk | | | | the state. You should be aware, however, that your |
| driving) in California, you should have been given a | | | | state's motor vehicle department will probably suspend |
| choice of a chemical test of your breath or blood. If | | | | your license upon being notified by the California DMV |
| you take a breath test and the results are .08% | | | | of the DUI license suspension. |
| blood-alcohol or higher, your driver's license will be | | | | Administrative Penalties. A first drunk driving offense |
| taken by the officer and you will be given a Notice of | | | | carries a suspension of 4 months. You should be |
| Suspension. This pink document operates both to | | | | aware, however, that this can be reduced to 1 month |
| formally advise you of the immediate suspension and | | | | followed by work-restriction of 5 months if you file |
| as a temporary permit to drive (unrestricted) for thirty | | | | proof of insurance (the SR-22 form) and proof of |
| days. If you give a blood rather than breath sample in | | | | enrollment in a state-approved DUI school. If you |
| a California DUI case, the results will probably not be | | | | refused to take a chemical test, the suspension is for 1 |
| available for a few days; the suspension begins but will | | | | year - and no work restriction is permitted. If this is a |
| be conditional upon later results being over .08%. If you | | | | second offense within 10 years, the suspension is for |
| should refuse to take a chemical test, your license will | | | | one year, two if for a refusal - and again, no work |
| still be confiscated but the period of suspension will be | | | | restriction will be granted. |
| substantially longer. | | | | Challenging the Suspension. You have a right to |
| Out-of-State Drivers. If you are an out-of-state driver, | | | | contest the suspension (called an Administrative |
| the police in California cannot confiscate your license, | | | | License Suspension, or ALS). This is completely |
| as it is the property of another state government. You | | | | separate and apart from the criminal proceedings. It is |
| will receive the same Notice of Suspension, but this | | | | strongly recommended that an ALS hearing be |
| serves only to suspend your driving privilege within the | | | | requested: There is a good chance of having the |
| state of California; your license remains valid outside of | | | | suspension thrown out. |