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San Jose DUI defense attorneyThere is no question that drunk driving can be disastrous. Statistics show that alcohol-related crashes can cause serious injuries and even fatalities. That is why it is illegal to operate a vehicle while under the influence of drugs or alcohol (DUI) in the United States. In 49 out of 50 states, the legal limit for blood alcohol content (BAC) is .08. (Utah uses a 0.05 percent standard.) Anyone who is over that amount can be arrested for DUI. Many motorists believe that being charged with a DUI is not really that big of a deal. However, a DUI charge is very serious and the penalties can range from a misdemeanor to a felony depending on the circumstances. In California, offenders may face fines, probation, or imprisonment. But, does a DUI automatically mean your driver’s license will be taken away?   

Driving Privileges Under California Law

If you are stopped for suspicion of DUI and the police officer has probable cause to arrest you, it is important to understand your rights in regard to your driving privileges. The arresting officer must fill out an official police report and send a copy of the suspension or revocation form along with your confiscated driver’s license to the California Department of Motor Vehicles (DMV). The DMV will then review the documents, in addition to any blood test results that may have been taken at the time of your arrest.

Referred to as Administrative Per Se (APS), this is an immediate administrative action taken against your driving privileges only. This is separate from any court-ordered prison sentence, fine, or other penalty enforced if you are convicted for DUI.

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