DUI Drivers License Suspensions in San Francisco
The Preliminary Procedures
Should you be arrested for driving under the influence, it is the officer’s obligation to give you the option to take a chemical test of some sort (breath, blood, or urine). If the results of a breath test are above .08%, your license will be suspended. The officer will give you a pink slip, or a “Notice of Suspension”. The slip serves to make you aware of the immediate suspension, but also as a permit that allows you to drive for 30 days unrestricted. If a blood sample is taken, chances are the results will not be accessible for a few days. Your license will still be taken, but the terms will depend on results being over .08% later. If all chemical tests are refused, the license will still be suspended and any terms considerably harsher.
Drivers from Another State
Because your license is the property of the state it originated from, the San Francisco police cannot take it. The “Notice of Suspension” will still be given to you, however it will only stop your right to drive in the state of California. Although your license will still be legal outside of California, your own state’s motor vehicle department will most likely suspend it when they are notified by the California DMV.
Administrative Penalties
For a first time offender, the suspension length is four months. This sentence can be reduced, however, to one month and work-restriction for five months. The latter sentence is contingent upon proof of insurance (“SR-22” form) and proof that you have enrolled in a DUI school approved by the state. If you had refused the chemical tests, the suspension would be lengthened to one year with no option for a work restriction. If this is not the first offense in the last ten years, the restriction length is also a full year (two if chemical tests were refused). There is no option for a work restriction for a second offense either.
Your Right to Challenge the Suspension
You do have a right to challenge the suspension through an ALS hearing (Administrative License Suspension). Although this does not have an affect on the case in court, it is still strongly advised that this option be used. Worst case scenario: You will receive the same penalties you would have received if the hearing was never requested. Possibilities that the suspension will be entirely thrown out, though, are high. For more information, visit “The DMV Hearing”.
