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Bystrom DUI Attorneys, Bystrom, California DUI, Drinking and Driving Lawyers, Drunk Driving Attorneys in Bystrom, CA DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Bystrom, California DUI Law Information Your law firm banner here - contact biss@lawyers.ca This is a database of Bystrom, California DUI Law information contributed by Californiadrinking and driving lawyers who practice DUI law in and near Bystrom, CA and who are members of the International Referral Database of DUI,DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys.Participation in the database is free to DUI Defense lawyers. The aim of thedatabase is to provide the public and colleagues in other states and provinceswith a great deal of good quality information about local DUI laws and practice. If the databelow is incomplete, please encourage local attorneys to join and add helpfulinformation. If aparticular DUI attorney's name is not mentioned, he or she may not yet havejoined the database or they may not have specifically listed "Bystrom" in the region fieldof their profile. If aparticular DUI courthouse is not detailed, it may not yet be entered in the database orno one has listed "Bystrom" in the cities ortowns served fieldof that courthouse. You willfind helpful information about any criminal law courthouses found in Bystrom, California, andperhaps motor vehiclelicense offices in Bystrom, California. Below you will also find linksto Summaries of DrunkDriving Law for California,information about what to do on first attendance in DUICourt in the greater Bystrom, California area, what clothing you should wear in DUI Courtif you are in Bystrom, California, and why youshould be early for Court in Bystrom, California. There are links tolistings of California DUI CriminalLaw Courthouses and motor vehicle offices throughout California. Follow theBAC instrumentslinks and standards links to find out about the breath alcohol concentration (BAC) instruments usedin California. CA DUI Drinking andDriving laws can becomplex. DUI Legislation may be found by following the links to the Californiadrinking and driving statutes. No courthouses entered yet for this community. Local DUI attorneys are welcome to add a separate web page for each of the DUI courthouses in this jurisdiction, each linked from this page and each containing your advertising banner on top with links back to you. Each courthouse page can also contain a telephone directory for the courthouse with a separate web page for each government office in the courthouse. Multiple pages created by you mean multiple hyperlinks back to your own site. Contact biss@lawyers.ca for more information.. Index of DUI Courthouses in California No DMV offices entered yet. Paid banner advertisers are invited to add licence offices each with their own profile and advertising banner. Index of Motor Vehicle Offices in California Index ofCounty Lawyer Association Pages in California Index of Cities, Towns, Boroughs, and Villagesin California Database of DUI Attorneys and Lawyers in and near Bystrom, CA If you are a California DUI Defense Attorney and you would like toparticipate please click AddingYour Firm . If you are already a member of the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys and you practicein or near " but your namedoes not appear in this list for Bystrom we suggestthat you specifically add "Bystrom" to the Region fieldfor your profile along with the name of every city, town, village, and suburbwhere you practice. No records returned. 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Attorneys in Martinez, California DUI Lawyers , Martinez, CA Drunk Driving Lawyers DUI Attorneys in Traver, California DUI Lawyers , Traver, CA Drunk Driving Lawyers DUI Attorneys in Blythe, California DUI Lawyers , Blythe, CA Drunk Driving Lawyers 8 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. 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Drunk Driving LawsDrunk Driving Law Lawyers, Attorneys, & Free Legal Information -- Visit Our New Insurance Advice Site Find an Attorney Now on AttorneyPages.com Free Initial Consultations Post Your Case to an Attorney No Cost. No Obligation. Ask a Question on Law Forums Search 600,000+ Answers Get Legal Forms Download 36,000+ Legal Forms Entire Site Legal Q and A Law Forum Q and A Insurance Q and A Insurance Forums Find Lawyers Select a Topic Administrative -- Agriculture -- Anti-Trust -- Arbitration Car Accident Boat Accident Banking Bus. Bankruptcy Bankruptcy Business Child Custody ADA Collection Communications -- Internet Construction Lemon Contract Trademark Criminal (Federal) Criminal Divorce DUI/DWI Education Elder Employment Energy & Mining -- Environmental Estate Planning Franchise -- General Practice Government -- Nursing Home Immigration Insurance Insurance Defense -- International -- Internet -- Juvenile Landlord Tenant Legal Malpractice Libel And Slander Litigation Med. 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Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - The officer used a penlight. Is this a field sobriety test? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - The officer never gave me a miranda warning. Can I get my case dismissed? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - Why am I being charged with two crimes? - Do I need a lawyer or can I represent myself? - What defenses are there in a dui case? - What is a rising bac defense? - What is the punishment for drunk driving? - What is a sentence enhancement? - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? - What is the criminal statute of limitations on a dui / dwi? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? - I caused an automoble accident involving three other cars while intoxicated. The police at the accident questioned me but never ticketed me. I was sent to the hospital along with the other accident victims. At the hospital my blood was drawn as part of hospital procedure. Do police have access to the hospital/patient information and blood specimens? Breathalyzer, urine, blood tests - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? Cough syrup - I took some codeine cough syrup and then got arrested for drunk driving. The blood test showed the codeine, but the alcohol level was not high enough to be a problem. They still charged me with driving under the influence. Should I fight it or plead? Drunk driving arrests - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - Why am I being charged with two crimes? Drunk driving defenses - What defenses are there in a dui case? - What is a rising bac defense? - The officer never gave me a miranda warning. Can I get my case dismissed? Insurance - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? Legal help - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - Do I need a lawyer or can I represent myself? Miranda warning - The officer never gave me a miranda warning. Can I get my case dismissed? Penalties for drunk driving - What is the punishment for drunk driving? - What is a sentence enhancement? Roadside (field sobriety) tests - If a police officer pulls me over, what kinds of roadside tests can the officer ask me to perform? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - The officer used a penlight. Is this a field sobriety test? - Can I refuse to take field sobriety tests? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? Traffic stops - What do police officers look for when searching for drunk drivers on the highways? - What is the officer looking for during the initial detention at the scene? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - If im stopped by a police officer and he/she asks me if ive been drinking, what should I say? - I received a dui while living in state a, did not take care of the violation and moved to state b. Is there a statute of limitations on this? If not, what is my best option? 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D.U.I.Drinking and Driving, DWI, DUI - National Motorists Association Drinking and Driving, DWI, DUI Summary Position of the National Motorists Association: The NMA supports drinking and driving regulations based on reasonable standards that differentiate between responsible, reasonable behavior and reckless, dangerous behavior. The NMA does not support "zero tolerance" concepts, nor does it endorse unconstitutional enforcement and judicial procedures that violate motorists' rights. Basic Tenets We believe that penalties for DUI/DWI should be related to the degree of risk involved, and that these penalties be equated with penalties for equal-risk violations of other traffic safety laws. We support those legislative and enforcement initiatives that are effective in achieving stated goals of deterrence and removal of impaired drivers. We do not support initiatives based on revenge, political expedience, or emotional hyperbole. We believe that all Americans should enjoy the same Constitutional rights and privileges. Legislative or enforcement initiatives denying these rights and privileges to motorists violate this uniform application of Constitutional standards. We believe in basing laws and penalties on actual evidence of impairment whenever possible. Blood alcohol content should only be used as prima facie evidence of impairment, and there should be flexibility in laws that base penalties on blood alcohol content. Specific Positions We oppose drunk-driving roadblocks on the grounds that they violate protection from warrantless search and seizure, and fail to meet probable cause standards. They have not been shown to be effective at deterring impaired driving. DWI penalties based on blood alcohol counts should be graduated to reflect the potential severity of impairment. The more severe penalties should be phased in at a BAC of .15 where impairment begins to directly correlate with accident involvement. Lower penalties should be adopted for less severe DWI violations. We support increased penalties for repeat offenders, but maintain that rehabilitation be the primary goal in all but the most severe cases. Any mandated BAC test must be based on clear reasonable suspicion of impairment, not an unrelated traffic violation. Breathalyzer tests should be used for screening purposes only. They should have no standing as actual evidence of Blood Alcohol Content. However, we support that the driver always have the right to a blood test and be notified of that right should he wish to dispute the results of the breath test. We are concerned with deterring impaired driving, not with regulating how a driver might become impaired. A driver is equally responsible regardless of where the drinking takes place be it at home, in a vehicle, or at a commercial establishment. A "technically" impaired driver should not automatically be more heavily penalized if they are involved in an accident. The penalties should be based on the severity of the accident and the extent to which the impaired driver was at fault. We oppose so-called "Administrative License Suspensions" since they are not an effective deterrent and violate the right to due process. We support the detainment of any driver arrested on an impaired driving charge until sufficient time has passed to allow the individual to safely drive, or for other transportation arrangements to be made. We support the right to a jury trial for all accused traffic violators, particularly defendants accused of severe offenses for which long license suspension or jail time could be imposed. We oppose measures that revoke or withhold a driver's license that do not directly relate to driving. As related to drinking laws, we are opposed to license suspension for non-driving related violations. We do not support age-based BAC standards (e.g., "zero tolerance") for persons under 21 years of age. We do not support reducing blood alcohol content standards to .08% for non-rebuttable conviction of DWI. Periodically, a member will write and express concern over the NMA's support of "drunk drivers." This is usually motivated by our opposition to some particular anti-DWI initiative. The NMA does not support, encourage, or condone drunk driving. The NMA supports constructive and effective solutions to the drunk driving problem that are fair, equitable, and respective of fundamental rights. To better explain the position of our association on this emotionally charged issue, it is important that the problem be properly defined. Thoughtful, objective discussion of this subject in the popular media has been sadly lacking. The press has been content to reprint whatever they receive from self-serving and vested interests. The result has been a misinformation campaign of staggering magnitude. Claims such as "50% of all highway fatalities are caused by drunk drivers" are unmitigated propaganda. The public officials and special interest groups that perpetuate this myth know it is a lie but persist in this kind of gross deception. A far more likely estimate of "drunk-driver-caused" fatal accidents is 10%, still a very large and unacceptable number, but not quite the national crisis championed by anti-drinking advocates. What the public has not been told is that the "drunk driver" numbers promoted by these public officials and special interest groups include any person, with any amount of alcohol in his system, who dies in a traffic accident (some exceptions for vehicle passengers). This includes accidents where alcohol impairment was not a causative factor, pedestrians and bicyclists with alcohol in their systems, and suicides. Given that the vast majority of adults in the United States consume some form of alcoholic beverage, it is not unreasonable to expect the presence of alcohol in their blood. Leaping to the conclusion that the presence of alcohol in the blood of an accident victim equates to an alcohol-caused fatality is fundamentally illogical. The whole purpose of this discussion is not to diminish the seriousness of the problem. However, it should cause you to question the merits of the "solutions" proposed by the same interests and agencies that have so grossly misrepresented the problem. Let's look at some of the proposed solutions. Lower the Legal BAC Historically, the BAC for automatic categorization as "drunk driving" was .15%. This was, and is, the level where impairment is usually readily discernible. Most fatal and serious accidents involving alcohol continue to reflect .15% or higher BACs. The current .10% BAC, now employed in most states, represents a lowest common denominator approach. It was adopted to expedite the arrest and conviction of drivers who do not necessarily exhibit visible levels of impairment. It is the DWI equivalent of the 55 mph speed limit. Lowering the legal BAC to .07% (.08% being illegal) is little more than an example of pandering to neoprohibitionists. Lowered BAC levels serve to intimidate casual and social drinkers and give the police unbridled discretion to test and arrest almost anyone who has been drinking. Meanwhile, true drunk drivers floating along with .25% BACs continue to wreak havoc on the highways. A law enforcement officer cannot be looking for swerving, careening drunks if he is tied up with the processing of some miscreant who had four beers at the church picnic and blew a .09% BAC, after a traffic stop for a burned out license plate bulb. Roadblocks (Sobriety Checkpoints) Sobriety checkpoints are police roadblocks and that is what we will call them, police roadblocks. Police roadblocks are symbolic and characteristic of police states. They should be anathema to any person with an historical perspective of how authoritarian governments exercise control over their citizens. Roadblocks are meant to intimidate and restrict the movement of people, goods, and ideas. No free society should tolerate any precedent that rationalizes the use of roadblocks. When the U.S. Supreme Court approved the use of roadblocks for DWI enforcement, they opened a Pandora's box of abuses. The Court addressed the issue solely from the DWI perspective. Police agencies have interpreted this decision as a license to set up roadblocks for any purpose they choose. Currently roadblocks are used for vehicle safety inspections, seatbelt use, driver's license possession, mandated insurance coverage requirements, and even to restrict the movement of people from one neighborhood to another neighborhood, on public streets! Severe Penalties The notion that severe penalties can deter drunk drivers has some validity. However, that deterrence often lasts no longer than the length of the punishment. The individuals who personify the public's image of a drunk driver are not typically swayed by "get tough" laws. However, a responsible, social drinker, apprehended in a "sobriety checkpoint," could well find himself facing license revocation, jail time, five years of horrendous insurance surcharges, and possibly the loss of his job. It happens every single day to people who have hurt no one and who are not a threat to anyone's well-being. Draconian penalties are promoted by persons who are primarily interested in an overall assault on the use of alcohol, or are motivated by revenge. Developing solutions to the complicated problem of drunk driving and the resulting tragedies is not one of their priorities. Administrative License Suspension Because there are at least three laws for every known human activity, there is little mystery as to why our courts and jails are overwhelmed. Because the consequences of a DWI conviction can be so severe, many defendants have taken their cases to trial (one of the unintended consequences of harsh penalties). This, in turn, clogged the courts and lead to long delays before the final judgment, usually "guilty," was rendered and the errant driver was ordered from the road. The promoted solution to this problem has been to take the defendant's driver's license before the trial. In other words, apply the punishment first and worry about guilt or innocence at some later date. In almost any other context, this would be viewed as a ludicrous system of justice, but not DWI. To avoid constitutional challenges, the proponents of A.L.S. (administrative license suspension) always offer the opportunity for a perfunctory or superficial administrative hearing. These are kangaroo courts designed to process defendants as quickly and cheaply as possible. Any similarity to a fair trial is illusory. Just as with roadblocks, the danger of A.L.S. is the precedent it expands. (The word "expands" is used because the right to a fair trial for many traffic violations has already been severely eroded to the point of being invisible.) Do we just continue to limit access to the courts because the system cannot handle the flood of new "criminals"? Keep in mind that although the vast majority of DWI defendants have not been involved in an accident nor have they hurt anyone, the penalties they face are extremely harsh, in fact, more harsh than the punishment for many crimes against property and persons. However, some states, and the US Supreme Court, do not believe that the DWI defendant is even entitled to a jury trial (unless the penalty includes over six months in jail). Unintended Consequences of Low BAC Standards and Excessive Penalties A discussion of the unintended and negative consequences of the current catalog of anti-DWI laws is seldom found in the print or electronic media, nor has there been a concerted effort on the part of government or private organizations to research and quantify these effects. As a result, certain of the following remarks are anecdotal rather than being based on actual research results. "Hit and run, leaving the scene" Persons who might otherwise assume responsibility for an accident or render assistance to accident victims are intimidated by the possibility of being found guilty of "drunk driving," even if they had drunk very little and were not directly involved in causing the accident. Consequently, they do not stop or render assistance. "Attempts to elude" We have read of threefold increases in drivers attempting to outrun police. This increase corresponds with the ratcheting downward of legal BACs and the ratcheting upward of DWI penalties. It has been reported in more than one source that one in four high speed pursuits results in a serious accident, often involving innocent bystanders. "Avoidance of needed medical treatment" For fear of being reported to police or being charged at the scene of an accident for DWI, people are deliberately leaving an accident scene, injured, and not reporting for treatment until there is no likelihood that they could be charged with DWI. This runs counter to the well-proven practice that immediate injury treatment is the most effective and the most likely to prevent loss of life. "Economic losses" The segment of the population most effected, and most intimidated by the current avalanche of DWI laws is not the alcoholic or hardcore drinking crowd. It is that group of people who might patronize eating and drinking establishments, community festivals, company picnics, and related hospitality businesses, and who conduct themselves in a responsible manner. The difference is, with .08% BACs and job threatening sanctions, they are now afraid to participate in this type of social activity with friends and relatives. The businesses and organizations that cater to and sponsor these activities suffer accordingly in lost income and lost support. "Pedestrian and bicycle fatalities" With the decrease in alcohol-related, motor vehicle accidents has come an increase in alcohol-related pedestrian and bicycle accidents. This is not to suggest that society is better off putting these people in automobiles. However, the net result of the current DWI policies is the partial exchange of one type of accident for another. "Misallocation of public resources" Intimidating, apprehending, adjudicating, and jailing persons who are not serious hardcore offenders takes valuable resources away from locating, stopping, and treating the persons who are most likely to cause a DWI-related accident. The system can only process and accommodate so many people. The choice is to focus on those who are causing the problem, or severely punish the general population that crosses an arbitrary BAC threshold. "Inequitable personal consequences" The "one size fits all" and "hang 'em from the highest tree" mentality that dominates current anti-DWI strategies does not fairly accommodate the diversity of circumstances involved with DWI convictions. A high risk, accident-prone, repeat offender may view a DWI conviction as one of life's little inconveniences and a chance to live off the county for 30 days. Conversely, a well-educated, successful employee and family man might lose his job, future employment opportunities, and reputation for a one-time technical violation of a BAC standard based on politics and platitudes. The standard retort to any of the aforementioned concerns is "don't drink and drive and you won't suffer these consequences." This is comparable to saying "if you don't want to get speeding tickets, don't drive over the speed limit." Any law or regulation aimed at human activity must have an element of reasonableness. It must recognize that there are always competing motivations that dictate human behavior. Most people drive to reach a destination. The purpose of that destination may be work, family responsibilities, maintenance tasks, socializing, or recreation. In our society (as in most societies), the vast majority of the adult population consumes beverages containing alcohol. If this is at the destination end of their trip, they will inevitably be returning with some amount of alcohol in their systems. In modest amounts, this rarely causes a problem or safety risk to others. Most people recognize this and act accordingly, in a responsible manner. A zero tolerance approach to drinking and driving will not work. Moreover, it will expose motorists to a rash of officially sanctioned abuses that will exceed any of those we currently endure. That brings us back full circle to the establishment of a reasonable standard that can be recognized, understood, and complied with by reasonable people. The standard that meets that criteria is one based on discernible impairment. Discernible impairment need not be BAC dependent. Different people experience different levels of impairment at the same BAC levels. If a person's driving indicates impairment (e.g., erratic maneuvers of speeds, or running into fixed objects) and they have alcohol in their systems, they should be a candidate for a DWI citation. If a single standard BAC is to be established as the automatic threshold for a DWI citation, it should be high enough to reflect discernible impairment among the general population. An appropriate and enforceable BAC of .12% would represent a reasonable standard. Please note that we are not saying a .12% BAC is necessary for a DWI conviction. Rather, that for an automatic DWI conviction that does not involve or require discernible impairment the BAC must be at least .12%. Given that the average DWI arrest involves a BAC of .15% to .17% (regardless of the legal BAC), a .12% BAC remains well below the typical level for DWI arrests. It is also a level of intoxication that most persons will recognize as representing a degree of impairment. Penalties and punishment for DWI convictions should reflect the degree of intoxication and the severity of the circumstance. A person charged with having a .25% BAC should be assessed a greater penalty than someone charged with a .12% BAC. Furthermore, if an intoxicated driver causes property damage or personal injury, the penalties should reflect those losses and be paid to the victims, not the state. By targeting higher BAC operators and repeat offenders, the state can focus its enforcement and treatment efforts on truly dangerous drivers, the small percentage of true drunk drivers that menace our streets, roads, and highways. Get the real drunks Drunk driving is wrong, it's irresponsible, and does cause a senseless waste of lives. However, what should be done about the problem is debatable and certainly open to discussion. That anyone should be killed by a drunk driver is tragic, but the solutions to this problem are often based on emotion, personal vendettas, and not rational thought, sound public policy, nor backed up by statistical data. Alcohol-related fatalities, a number grossly exaggerated, refers to whether any of the participants in an accident is suspected of consuming alcohol beverages, even the slightest amount, regardless of whether the person was the cause of the accident or not. When police accident reports are studied for contributing human factors in fatality cases, 11 percent are blamed on physical impairment. However, physical impairment includes not only being under the influence of alcohol, but also includes being ill, falling asleep, fainting, heart attacks, strokes, epileptic seizures, insulin shock, and other abnormal physical problems. Irresponsibility on our highways comes in many forms and impaired driving is only part of the overall problem. Read the full text of Get the Real Drunks . DWI Fatal Crash Table Additional Articles on Drinking and Driving The National Motorists Association also has detailed information about radar detectors, air bags, DUI, DWI, driver education, road rage, speeding tickets, other traffic tickets, drinking and driving, seat belts, police radar, speed limits, speed bumps, red light cameras, and much more! See our full listing of issues . Find out why the NMA stands out as the premier automotive association protecting the rights of North American motorists. (C) National Motorists Association, All Rights Reserved.
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DUI Arrest: DMV Administrative DUI Arrest: DMV Administrative Hearings vs. Criminal Court Trials California Home DMV Home Page Online Services DMV Locations & Hours Publications Forms New Arrivals New to California? FAQs Site Map Title & Registration Information Vehicle Registration Boat Registration License and ID Card Information Driver License ID Cards Commercial License Vehicle Industry & Commercial Permits Special Plates Personalized Plates Disabled Placards Other Information Your DMV Records Other Services About DMV Contact Us Legal Notice and Disclaimer Driver Safety Information My CA This Site DUI Arrest: DMV Administrative Hearings vs. Criminal Court Trials I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing? Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge? How is the DMV hearing different from the court trial for DUI? Am I obligated to have a DMV hearing? Does the DMV hearing substitute for the court trial? The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my license back? The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my driver license back? The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charges were dismissed in the criminal court or the district attorney decided not to file a DUI charge against me. Do I get my driver license back? I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restriction? How can I find a Driving Under the Influence (DUI) Program as ordered by the court? I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in the criminal court? I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing? No. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only. Back to Top of Page Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge? Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard (hearing). Back to Top of Page How is the DMV hearing different from the court trial for DUI? The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed: If you took a blood or breath or (if applicable) a urine test: Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ? Were you placed under lawful arrest? Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood? If you refused or failed to complete a blood, breath test, or (if applicable) a urine test: Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ? Were you placed under lawful arrest? Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years? Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer? Back to Top of Page Am I obligated to have a DMV hearing? No. Your are not required to request a DMV hearing. Back to Top of Page Does the DMV hearing substitute for the court trial? No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act. Back to Top of Page The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my license back? When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal. Back to Top of Page The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my license back? No. A reduction of a DUI charge to reckless driving in the criminal court is separated and/or independent from the administrative proceeding, and does not affect the driving privilege suspension. Back to Top of Page The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charges were dismissed in the criminal court or the district attorney decided not to file a DUI charge against me. Do I get my license back? Not necessarily. Current law may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence. Back to Top of Page I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restriction? 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, from, and during 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 §§23136, 13353.1, 13388, 13392. Back to Top of Page How can I find a Driving Under the Influence (DUI) Program as ordered by the court? This link will take you to a DUI Program Directory of Service Providers . Note : You need Adobe Acrobat Reader to view/print this publication. If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense 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, from, and during 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 §§23136, 13353.1, 13388, 13392. Any driver with a second DUI offense within 7 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work. Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any type of restricted license. Back to Top of Page I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in criminal court? No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision. Back to Top of Page © 2003 State of California. Conditions of Use Privacy Policy
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DUI / DWI, Drinking 
