Drivers who are arrested twice for California drunk driving within a 10-year period who submitted to chemical testing face a one-year suspension and the requirement to file an SR-22 with the
California DMV for the next three years. The driver may be entitled to restricted driving privileges. Second-time offenders who refused chemical testing face having their driver’s licenses suspended for two years and do not have the opportunity to obtain restricted driving privileges.
Third-time California DUI offenders who submitted to chemical testing face a one-year suspension and the requirement to file an SR-22 with the DMV for the next three years. Third-time offenders who refused chemical testing face having their driving privileges revoked for three years.
In addition to any of the above penalties being imposed, the California DMV may also require a driver to attend AA meetings or enroll in alcohol education classes. It is also important to keep in mind that DMV penalties are separate and apart from the
DUI court case where convicted DUI offenders may suffer additional consequences of license suspension and jail time. It should also be noted that in order for a suspected DUI offender to lose his or her driving privileges at the
DMV Administrative hearing, it must be proven that (1) the police had a “reasonable” belief that the driver was drunk driving, (2) the driver was arrested lawfully, and (3) the driver’s blood-alcohol content was .08% or greater. An experienced
California DUI Defense attorney can often cast doubt on all three of these allegations and may be able to obtain a reduction in any penalties to be imposed or eliminate them entirely.
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