By the Admin Per Se law, the California DMV is required to suspend your license if you are charged with one of the following offenses, or you have refused a chemical test.
By DUI laws in California, it is illegal for any person to operate:
- A motor vehicle with a BAC of 0.08% or higher.
- Any vehicle requiring a commercial driver license (with or without a commercial driver license issued to the driver), with a BAC of 0.04% or higher.
- A motor vehicle with a BAC of 0.01% or higher, if the person is under age 21.
- A motor vehicle with a BAC of 0.01% or higher at any age if the person is on DUI probation.
After your arrest, your driver’s license is confiscated by the arresting officer, and you are issued with a 30-day temporary license. This 30-day temporary license is intended to provide you with sufficient time to challenge the suspension through a DMV administrative review. You only have 10 days after your arrest to ask for a DMV Stay and Hearing to try to save your license.
This suspension of your license by the DMV is called an “administrative action” and is independent of any court-imposed criminal penalties for conviction of the DUI offense. Be aware that the DMV and the court are two separate institutions and have separate and independent powers over your license.