Charged With DUI ?
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The police officer that arrests you for a DUI will usually confiscate or take away your physical driver’s license. They will then issue you an order of suspension and paper temporary driver’s license which is usually good for 30 days. It will have a notice of suspension which states that after the 30 days, your driver’s license will then be suspended.
For a first time DUI, it will be suspended for 4 months and 30 days will be a full suspension. If you refused to submit to a breath or other chemical test when asked by the police officer in a DUI investigation (also known as a “refusal”), your driver’s license will be suspended for 1 year. After the initial 30 days full suspension, you can apply for a restricted driver’s license if you show proof of enrollment in an alcohol program required by the DMV and Court, fill out a SR-22 certificate, and pay a $125 reissuance fee to the DMV.
For a 2nd or 3rd DUI, your driver’s license will typically be suspended for at least 1 year. If you refused to submit to a breath or other chemical test when asked by the police officer in a dui investigation (also known as a “refusal”), you driver’s license will be suspended for 2 years if this is your 2nd DUI and suspended for 3 years if this is your 3rd DUI.
When a police officer arrests you for a DUI, they are required to send their police report with a copy of the notice of suspension of your driver’s license to the DMV. The DMV will conduct an administrative review of your case to see if your driver’s license suspension will be upheld. You have a right to request a DMV hearing within 10 days of receiving the notice of suspension of your driver’s license. If the review shows no basis for the license suspension, the DMV will set aside the suspension and reinstate your license.
The police officer that arrests you will give you a paper document that will be your temporary driver’s license (assuming you had a valid driver’s license to begin with). It will expire in 30 days and you are then put on notice that after 30 days your driver’s license will be suspended.
A restricted driver’s license is where you are allowed to drive again but are “restricted” from where you can drive to and from. You will typically be allowed to drive to and from work, school, court, your alcohol program, and doctor’s appointments.
The California DMV requires a SR-22 form to apply for a restricted driver’s license. The DMV also requires this form anytime they reinstate a suspended driver’s license or issue a new driver’s license after a DUI. This is usually how your insurance company learns of your DUI. A SR-22 form is known as a “proof of financial responsibility” certificate issued by the driver’s auto insurance company.
A SR-22 certificate certifies that a driver has auto insurance that meets the minimum auto liability insurance under California’s minimum “15/30/5” limits. This means that for any single accident, the insurance policy will cover $15,000 for the death or bodily injury of one person, $30,000 total for the wrongful death or bodily liability of all people hurt or killed in the accident, and $5,000 for any property damages. This is the minimum insurance required under California law.
You will have to contact your car insurance company and request a SR-22 form. They will typically charge you a fee (around $25) to issue an SR-22 certificate. They will learn about your DUI and likely increase the costs of your insurance policy when it comes time to renew.
You can purchase a SR-22 insurance policy from a different insurance company. Although this will cost you money, it may save you more money in the long run if your own insurance company does not know about your DUI and does not raise your premiums and deductibles. The DMV does not care who issues the SR-22 certificate.
If you or your loved one were arrested and charged with driving under the influence of Alcohol in Orange County California, you may have several options to help defend your innocence. Contact one of our Orange County DUI defense attorneys today. Having had successful DUI case outcomes for the majority of those I have represented, our firm has the experience and history of success that will help you to feel confident about your case moving forward.