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I've just been arrested for DUI. What happens now? At the time of my arrest, the officer confiscated my driver license. How do I get it back? The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document? The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing.
What is the purpose of this hearing and what can it do for me? How long will my driving privilege be suspended if I took the chemical test? A second or subsequent offense within 10 years will result in a one-year suspension. Do I need a hearing to get a restricted license? The officer stated I refused to take a chemical test. What does this mean? As of January , a urine test is no longer available unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or Both the blood or breath tests are not available, or You have hemophilia, or You are taking anticoagulant medication due to a heart condition.
To obtain medical care for yourself or your family members for any serious medical problem. To and from school for your minor dependents, if no public or alternate school transportation is available. Reinstate Your CA Suspended Driver's License The procedures for reinstating a driver's license in California vary depending on the reason why it was suspended; some of these reasons are outlined below. Pay the required fees to the court.
File proof of insurance or financial responsibility. Complete the NOTS probation. You must not have any traffic violations or be involved in an accident during the probation period. Driving Under the Influence If your California driver's license was suspended due to drunk driving: Fulfill your mandatory suspension period.
Serve your prison sentence, if applicable. Pay any required fines to the court. Supplied by your program provider.
Submit proof of your insurance or financial responsibility with a: California Insurance Proof Certificate Form SR , provided by your insurance carrier. Self-insurer certificate under CVC. OR Surety bond. Mental or Physical Disorder If your driver's license was suspended due to driving while having a mental or physical disorder, you can reinstate it by submitting: A Driver Medical Evaluation Form DS AND Any additional medical information stating that the condition no longer affects the ability for you to operate a motor vehicle safely.
Traffic Accident Without Insurance If you were involved in an accident and did not have proof of your insurance, you can have your license reinstated by: Completing the term of driver's license suspension.
Provided by your insurance carrier. Failure to Pay a Fine or Appear in Court If you failed to pay a fine or failed to appear in court due to a traffic citation, you can have your CA suspended driver's license reinstated by: Paying the reissue fee to the California DMV. Appearing in court or paying your citations. Making improper or dangerous lane changes. Following too closely to another vehicle.
If you are arrested for DUI in California, the license suspension process begins immediately during your arrest. However, California law allows two ways that you can still do some driving while dealing with your license suspension: the temporary drivers license and the restricted license.
You will be issued a temporary license automatically. In other cases, the DMV will notify you by mail of their intention to suspend your license. In either case, you will be issued a sheet of paper that serves as a temporary drivers license. This allows you to drive anywhere, not just to work for a short time. Unfortunately, every temporary license comes with an expiration date. Normally it is good for only 30 days from the date of your arrest, or from the date the DMV issued the notification this is often less than 30 days by the time you receive it in the mail.
At the end of that day period, the DMV will suspend your license and you cannot drive at all, unless you request a DMV hearing to contest it. You have only 10 days from the date of your arrest to request your DMV hearing. Requesting the hearing could mean that you can get your license suspension stayed delayed and extend your temporary license for months. It could also mean you successfully fight the license suspension altogether and get your driving privileges back. A restricted license is not automatic, and not every DUI suspect will qualify for one.
By John McCurley , Attorney. Most people are dependent on their vehicles for transportation. So at the very least a suspended license—whether it be for a DUI conviction or accumulating too many traffic violation points —is a serious inconvenience. And for many drivers, not having a license could mean losing a job, flunking out of a university, or not being able to transport kids to and from school.
But don't sign up for a bus pass quite yet. You might be eligible for a "restricted" or "hardship" license. A restricted license allows a motorist to drive to and from certain places while on an otherwise suspended license. A restricted license doesn't restore all driving privileges.
State laws vary, but generally, a restricted license is for driving only to and from places like work, school, drug or alcohol treatment programs, and medical appointments.
Many states also allow parents with restricted licenses to transport children to and from school and other necessary appointments. Some states additionally put time limitations on restricted licenses.
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