Here are some of the most frequently asked questions regarding a Santa Barbara DUI arrest.
By law, the officer is required to immediately forward a copy of your completed notice of license suspension or driver license revocation form and any driver license taken into possession, along with a sworn report to the Santa Barbara County DMV. Once the DMV receives the documents they will automatically conduct an administrative review which includes an exam of the police officer's report, the revocation or suspension order and any test results that you may have completed. You may request a hearing to contest the suspension or revocation if it is upheld during the administrative review. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. 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. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
A hearing is your opportunity to show that the suspension or revocation is not justified.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: A first offense will result in a 4-month suspension. A second or subsequent offense within 10 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
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.
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: A first offense will result in a 1-year suspension. A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation.
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI). The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.