I got my Dui August 9th… Can i get my license back that same day?
I got it taken away for a year.. Because that zero tolerance law (under 21) My conviction through the court was dropped. They gave me a 30 day temporary license. I was wondering if i would get it back the day i actually got the dui, when the temp license was up, or maybe when i had court?? And also ...
I got it taken away for a year.. Because that zero tolerance law (under 21) My conviction through the court was dropped. They gave me a 30 day temporary license. I was wondering if i would get it back the day i actually got the dui, when the temp license was up, or maybe when i had court?? And also the fee to get it back.. 100 to 150?
Varies by state. Usually you have to re-apply after the year is up; add 30-90 days to that.
call the DMV for your state. Only they know.
You need to have it taken away for awhile, use this time to get sober, so you don’t get another dui or kill somebody.
Court and the State Licensing Board or DMV is completely separate & independent.
You may need to appeal your license suspension administrative hearing, or ask for a new hearing based on a certified copy of the order dropping your court case.
However, the threshold may be different: .05 vs. .01 depending on your state BAC zero tolerance law.
Also, if you are on probation for a California DUI, California Drunk Driving, or California .08% BAC conviction – and you have about 1/2 a beer or 1/2 a glass of wine – be very careful.
On January 1, 2009, drivers on probation for a DUI conviction of Vehicle Code §§23152 or 23153 face zero tolerance if they drive in California with a blood or breath alcohol concentration of .01% or higher.
New Vehicle Code §23154 states:
23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person’s privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.
[At the present time, there is no additional punishment defined in the statute so presumably only a probation violation on a California DUI will exist - other sanctions could also be introduced in the next session so keep updated of any changes or news.]
A refusal of the PAS by a person under 21 or in alleged violation of 23154 can also be punished administratively – under 21 by our current §13388 or in 2009 by the new Vehicle Code §13389 which states:
13389. (a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the
person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612. (b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows: (1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person’s driving privilege. (2) (A) The officer
shall take possession of any driver’s license issued by this state that is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. (B) The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first. (3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under paragraph (2), with the report required by Section 13380, to the department. (B) For the purposes of subparagraph (A), "immediately" means on or before the end of the fifth ordinar