Are There Any Hardship Or Occupational Licenses Available In California?
For an adult, a first-time DUI will result in a 30-day suspension of the driver’s license. Once those 30 days have passed, the person may be able to obtain a restricted license, which would allow them to drive to and from and in the course of any work related activity and to and from a DUI school they would have to participate in. In order obtain a restricted license, they would first need to obtain SR-22 insurance and enroll in a DUI school. It is normally a five-month restricted license unless the blood alcohol level was above 0.20, in which case it would be a nine-month restricted license.
If a person receives a second drunk driving arrest within ten years of their first one, then their license will usually be suspended for two years. However, the person may be able to get their license back after 90 days if they obtain SR-22 insurance, go to a DUI school, and have an ignition interlock device installed in their car. This is also the case if a person receives a third DUI, with the exception that the license would be suspended for six months prior to getting the restricted license and the total license impact would be three years.
If a person under the age of 21 is arrested for DUI, then their license will be suspended for one year and they will not have the option to obtain a restricted license. However, there is something called a critical needs license in California, which allows a person under 21 to petition to the DMV to have their license returned. These petitions are reviewed on a case-by-case basis.
What Happens If I Refuse A Breath Or A Blood Test In California?
If you refuse to take a breath or blood test in California, your license can be automatically suspended for a year or more. If you have had multiple DUIs, then it could be suspended for even longer. If a person refuses the tests and the DA admits that they cannot prove that they were driving while being over the legal limit (and therefore decides not to file charges), the DMV can still suspend the defendant’s license for one year.
If you refuse, the police have the ability to get a warrant to perform a forced blood draw. So, even if you do refuse, they may be able to take your blood anyway. You would lose your license for a full year and be prosecuted in court. So, refusing a test is not necessarily a good idea in California. In the last couple of years, the US Supreme Court made changes to the law that affect how a refusal is defined. For example, if you say “I am not going to allow a test without a warrant,” then that may not actually be considered a refusal. There are several factors that play into this determination.
For more information on Hardship Or Occupational Licenses and Refusals In California, an initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (925) 308-6444 today.
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