
In most cases, the person arrested for DUI in San Francisco, Marin County, San Mateo County or the greater Bay area will have his license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)
It is critically important to CALL THE DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good San Francisco DUI attorney has a fair chance of getting the suspension thrown out.
The DMV License Suspension
The DUI lawyer who wrote the leading drunk driving defense textbook explains the California Department of Motor Vehicles rules and procedures. Again, it is strongly recommended that anyone facing DUI criminal and administrative procedures in the Bay Area retain the services of a competent San Francisco DUI attorney.
California Statutes Regulating DUI Suspensions
California's laws governing the DMV's administrative license suspensions are extremely complicated. Put simplistically, a first offense will carry a four-month suspension -- unless the driver refused to submit to chemical texting, in which case the suspension is for one year. Beyond that are extensive laws governing specific situations such as subsequent offenses, drivers under 21 and reinstatement.
Get a Copy of Your California DMV Record
The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site.
San Francisco DUI Laws and Lawyers and Legal Systems is provided as an information center for those facing criminal charges in San Francisco, San Mateo County, Marin County, Napa County, Sonoma County, Alameda County and Contra Costa County. It is also intended to counter the growing influence of radical groups pressuring courts, prosecutors and legislators for more unfair DUI laws, increasingly harsh punishment, more erosion of our Constitutional protections, and ultimately a return to the days of prohibition. The website for the National Motorists Association presents views on such important DUI-DWI issues as the constitutionality of roadblocks, reliance upon questionable breath tests, officer-administered license suspensions, and inappropriate penalties in drunk driving cases.