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There are many ways to lose your drivers license if you are stopped and cited for DUI, and California has an Implied Consent Law. This means that if you elect to drive a vehicle in this state, you consent to give your blood or breath sample to law enforcement authorities if they have reasonable cause to believe you might be drunk driving.
Drunk Driving in San Diego
If you are stopped and the officer requests that you take a test or tests, you must cooperate or you will lose your California drivers license or driving privileges for a period of twelve months. If you have previously refused to take a breath, blood or urine test within the past seven years, then your California drivers license or privilege to drive will be suspended for two years. This suspension occurs whether or not you are even charged with drunk driving and you cannot challenge this suspension unless you request a hearing with DMV within 10 days of the service of the affidavit.
If you do choose to blow or give blood, (which you probably should do if it's your first DUI arrest), and your alcohol concentration is over the statutory limit (0.08%), the law enforcement officer can take away the physical copy of your drivers license while the matter is pending.
You will then face a 4 months drivers license suspension, but you can challenge the suspension by requesting, within ten days, a motor vehicle hearing. We will file a request for a hearing on your behalf. You should have documents explaining the hearing process. These are very important documents and you should bring them on you first visit to our office. If you request a DMV hearing, your drivers license or privileges will remain valid until after a final decision is made at a hearing on the merits of your case.
San Diego DUI Lawyer
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