CALIFORNIA CRIMINAL LAWYERS

Can An Officer Take My License and Issue a Notice of Suspension?

What Happens to Your License During a DUI Arrest in California?

If you’re pulled over by an officer on suspicion of DUI, it’s a common practice for the officer to confiscate your driver’s license. The confiscation of your license is lawful in California and may occur after a blood or breath test has been performed or if you refuse to take the test. In addition to the physical seizure of your license, you’ll receive a notification of suspension from the officer. Under California law, you’ll receive an automatic suspension of your driving privileges if you’re convicted of DUI. This suspension, known as Administrative License Suspension, begins 30 days after the date of the arrest. Thankfully, you’ll receive a temporary license that’s valid for the 30-day period between the arrest date and the start of the suspension.

Administrative Hearing

Fortunately, there’s something you can do about the administrative license suspension. Every Californian arrested for DUI has the right to request an administrative hearing with the DMV. At the hearing, a DMV Hearing Officer reviews the available evidence against the accused. The accused can attend the hearing with their Los Angeles DUI lawyers to support their case. Based on the hearing, the DMV Hearing Officer may either order a suspension or exempt the accused from the suspension.

The catch is that the accused must request the hearing within ten days of the arrest. Filing a request within the stipulated period prevents the 30-day mandatory suspension from taking effect. Failing to request a hearing within ten days forfeits the right to do so in the future, meaning that the mandatory 30-day suspension commences.

Officers Can Act As Agents Of The State

The notion that an officer shouldn’t have the right to confiscate your license has had some opposition. However, the California courts have authorized officers to act as the State’s agents and seize residents’ licenses in such cases. Seizure of the license triggers notification to the DMV, which updates the suspension date in 30 days from the arrest.

First-Time Offenders

If you’re a first-time DUI offender, a reduced suspension term is likely, typically four months on average. Often first-time offenders qualify for a 30-day hard suspension, after which a restricted license is granted allowing travel to and from work. If you decline to take the blood or breath test, you receive a yearlong driving suspension, with no chance to receive a restricted license.

Out-Of-State Offenders

Only licenses issued by the State of California are susceptible to seizure by the California Police Department. Licenses issued by other states cannot be seized. For out-of-state drivers, California DMV updates the national database to indicate suspension or revocation of the driving privileges. Each state examines the database to determine the sanction they’ll impose regarding the suspension in California.

Table: Summary of License Suspension for DUI Offenses

| Type of Offender | Suspension Term | License Eligibility |
|——————|—————-|———————–|
| First-Time | Four months | 30-day hard suspension, restricted license |
| Additional | One year | Not eligible for a restricted license |
| Refusal | One year | Not eligible for a restricted license |

Conclusion

Driving under the influence of drugs or alcohol in California results in an automatic suspension of the offender’s driving license. An officer may confiscate your license and issue a notification of suspension. However, a Californian arrested for DUI has the right to request an administrative hearing within ten days of their arrest. A positive outcome at the hearing can prevent suspension of their license. First-time offenders often qualify for a restricted license allowing travel to and from work. Conversely, failure to comply with the blood or breath test leads to a one-year driving suspension with no restricted license option. For out-of-state drivers, Californian DMV notifies the national database of such suspensions, and the offender’s home state determines the implied sanction.