In California, the most commonly imposed driving suspension
is the administrative per se suspension (APS), which essentially is related to
driving under the influence. If your blood alcohol concentration (BAC) is over
a certain legal limit, which can result in a suspension of your driver’s license,
regardless of whether there was any sign of impairment.
Here are those limits: For those under 21, there is a zero-tolerance
policy and a BAC as low as .01% will trigger an automatic suspension. When
driving a commercial vehicle, the limit is .04%. For those already on a DUI
probation suspension, you will get an extended suspension if your BAC is .01%. If
you’re over the age of 21, a BAC of .08% or greater will result in a
suspension.
An admin per se suspension becomes effective 30 days after
being served, and for first offenses, lasts four months, although you can opt
for a five-month work-restricted license after the first month. If you’ve had
prior suspensions within the last 10 years, your license will be suspended for
one year. Again, there are exceptions. If you’ve been convicted of a DUI, you
may be eligible for an ignition interlock restricted license after 90 days. An
Ignition Interlock Device is also known as a “car breathalyzer” making you
unable to use your vehicle if your BAC is over the legal limit. If your license
indicates this restriction, you will need to have the device installed in your
car in order to drive.
If you get pulled over for suspicion of DUI and refuse to
complete a chemical blood alcohol test (either breathalyzer or blood), it can
result in the suspension of your license, without accommodation. For first time
offenses, the refusal driver’s license suspension lasts one year. If you’ve had
a prior offense within the last 10 years, it will result in a two-year
revocation of your license, and a three-year revocation if you’ve had more than
one prior offense. In California, if you
are 21 years of age or older and not on probation for a prior DUI, you have the
right refuse to take a preliminary alcohol screening test. This is the on-the-scene
breath test and is completely voluntary and you have the right to refuse this
type of breath test. That being said,
you DO NOT have the right to refuse to take a chemical test (blood, breath, or
urine test) AFTER you have been arrested for DUI (even if you “passed” the Preliminary
Alcohol Screening Test)– and doing so WILL most likely constitute a refusal and
your license will be suspended as mentioned above.
Still, you are entitled to an Administrative Per Se hearing (APS)
in which you may try to reinstate your driving privileges, which must be done
within 10 days of your arrest. This gets tricky though because in order to have
the suspension waived, you have to prove that you were not lawfully stopped,
arrested and advised of the chemical blood alcohol test before refusing the
test.
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