Irvine DUI - DMV and License Suspension

The DMV has the ultimate jurisdiction over your driving privilege, and thus has the ultimate say over your drivers license restrictions, suspensions, or action. The DMV suspension or revocation is an administrative action taken against your driving privilege only.

Chemical Test Refusal:
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

• The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
• Both the blood or breath tests are not available, or
• You are a hemophiliac, or
• You are taking anticoagulant medication in conjunction with a heart condition.

License Suspension - Lost or Didn't Request a DMV Hearing
If it was established that you took a blood, breath or urine test and the results shown are 0.08% or more, or 0.05% or more if under age 21 and had no defenses:

1. First offense: suspended 4 months.
2. One or more separate offenses in 7 years: suspended 1 year.

If you refused or failed to complete a blood, breath or urine test and did not have a valid defense:

1. First offense: suspended 1 year.
2. Second offense in 7 years: revoked 2 years.
3. Three or more offenses in 7 years: revoked 3 years.

DMV Suspension Vs. Criminal Court Suspension
The DMV has the ultimate jurisdiction over your driving privilege, and thus has the ultimate say over your drivers license restrictions, suspensions, or action. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

Reinstating a Drivers License
To reinstate your driving privilege after a suspension/revocation, you must do all of the following:

1. Finish the complete period of suspension/revocation;
2. Pay a $125 reissue fee to the DMV;
3. File proof of financial responsibility by a California Insurance Proof Certificate (SR-22), or prove you are self-insured by making a $35,000 cash deposit, or presenting a surety bond, or self insurer certificate under Section 16430 VC.
4. Submit proof that you have enrolled in a qualified and appropriate level DUI program, and submit proof of completion when finished; and
5. You must also continue to maintain proof of financial responsibility for 3 years.