DUI? Your most pressing questions answered!

Drivers Beware: DUI Statistics and the Fourth of July

If you’ve been arrested for DUI, or driving under the influence, chances are you have a lot of questions. Below, Freeway Insurance experts provide straightforward answers to some of the most commonly asked questions, so you can get the facts about DUI and make sure you’re informed about every step of the process.*

I’ve just been arrested for DUI. What happens now?

  • The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form, and any driver license taken into possession, along with a sworn report to the DMV.
  • The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
  • You have the right to request a hearing from the DMV within 10 days or receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside.
  • You will be notified by the DMV in writing, only if the suspension or revocation is set aside following the administrative review.

At the time of my DUI arrest, the officer confiscated my driver license. How do I get my license back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code sections 23136, 166531, 13388, 13392.

If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

  • A first DUI offense typically results in a 4-month suspension
  • A second or subsequent DUI offense within 10 years typically results in a 1-year suspension

I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restricted license?

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility, and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to and from work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code sections 23136, 166531, 13388, 13392.

Do I need a hearing to get a restricted license to go to and from work?

No. You may apply for a restricted license to drive to and from work at any DMV field office. A request for a restricted license cannot be considered at the DMV hearing.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years or older at the time of the arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

  • A first offense will typically result in a 1-year suspension
  • A second offense within 10 years will typically result in a 2-year revocation
  • A third or subsequent offense within 10 years will typically result in a 3-year revocation

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will typically result in a 1-year suspension
  • A second offense within 10 years will typically result in a 2-year revocation
  • A third or subsequent offense within 10 years will typically result in a 3-year revocation

Have you been convicted of a DUI? At Freeway Insurance, we can insure you even if you have tickets, accidents, or DUI’s on your record. Call 888-871-7555 now for a free quote!

*This article is for information purposes only and does not constitute legal advice. The reader should not rely on the presentation of statues or regulations referenced herein, but should consult the actual text of the law. Legal requirements frequently change and the user should seek the advice of counsel.