Legal Question in DUI Law in California

You are facing two separate proceedings. The police officer most likely took away your drivers license and gave you a pink piece of paper called a DS367m. This is a temporary drivers license and notice of DMV proceedings.

If you do not contact DMV within ten days of receiving the DS367m, DMV will automatically suspend your drivers license for one year under the "zero tolerance" statute, which prohibits anyone under 21 from driving with a blood alcohol level greater than .01%.

If you request a hearing and a "stay of suspension," DMV will allow you to drive pending the outcome of the hearing. DMV hearings are extremely technical and you should hire an experienced DUI attorney to represent you.

DMV will also suspend your license if the juvenile court finds you violated Vehicle Code 23136 by driving with a BAC over .01%. This offense is punishable by a fine only. The suspension for the juvenile court adjudication will run concurrently with the DMV administrative hearing.

If your license is suspended, you can request a restricted license on a hardship basis. The form is available for download from the DMV website at www.dmv.ca.gov. However, you are very unlikely to get a restricted license so you can find a job; you are far more likely to get a restricted license if you find a job first, can show there is no other way for you to get to and from work, and that your family depends on your income.