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Are There Any Hardship Or Occupational Licenses Available In California?

See the information below under “Ignition Interlock License.”

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, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (925) 940-3516 today.

Derek R. Ewin - Criminal Lawyer, Walnut Creek City

Derek R. Ewin, provides legal guidance on hardship and occupational licenses in California.

Call now for a free consultation (925) 940-3516.

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