Orange County DUI FAQs
Q: What is a DUI?
A: DUI means driving under the influence. It has also come to represent driving under the influence of alcohol or drugs (DUID), as well as driving while intoxicated (DWID).
Q: What is BAC?
A: BAC is blood alcohol concentration. It is illegal to drive a vehicle is your BAC is 0.08% or higher, if over 21. If under 21, it is illegal to drive a vehicle if your BAC is 0.01%. This is in accordance with California’s Zero Tolerance Law, which means it is illegal for a person under the age of 21 to drive with any measurable amount of alcohol in their blood.
Q: Is there anyway to avoid a DUI?
A: The only guaranteed way to avoid a DUI is to not drink and drive. Call a friend, take a cab, have a designated driver, but do not drink and drive.
Q: Can I still be in trouble for driving, even if my BAC is below the legal limit?
A: Yes, regardless of your BAC it is illegal to drive if your normal faculties are impaired. The definition of normal faculties are those things individuals customarily do, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, and so on.
Q: Does the vehicle have to be moving for me to be guilty of DUI?
A: No, you could be just sitting behind the steering wheel with the keys in the ignition with a BAC 0.08% or higher and be arrested for DUI. This is because you are actually in physical control of the car. In other words, as long as you are have the means and power to control the vehicle, you could be arrested for a DUI if your BAC is over the legal limit. Reminder – if under 21, the BAC is 0.01% or higher.
Q: Do I have to submit to a chemical test (blood, breath, or urine)?
A: Yes, you are required by law to take a chemical test to determine your BAC level. It is called “implied consent for chemical testing”. Anyone who drives in California has given their consent to chemical testing of their blood or breath for the purpose of determining the alcoholic content of their blood. Urine tests are only available if both blood or breath tests are not available, or you are a hemophiliac, or you are taking anticoagulant medication in combination with a heart condition.
Q: If I am arrested for a DUI, will I lose my license?
A: Yes, the law enforcement officer will seize your license at the time of arrest. At the same time, the officer will issue you a form that acts as notice of suspension and a 30-day temporary driver’s license.
Q: Can I fight the driver’s license suspension?
A: Yes, however you must request a DMV hearing to review the driver’s license suspension by the Department of Motor Vehicles within 10 days of your arrest. If the review proves there is no foundation for the suspension or revocation, the action will be set aside. The DMV will notify you in writing only if the action has been set aside.
Q: If my license is suspended, how do I get it back?
A: Your driver’s license will be returned at the end of the suspension or revocation period, as along as you pay a $125 reissue fee to the DMV and you file proof of car insurance (form SR-22). If you were under age 21 and your license was suspended under the Zero Tolerance Law, the reissue fee is $100.
Q: How long will my driver’s license be suspended if I took the chemical test?
A: For a first offense, the license will be suspended for 4 months. If it is a second offense within 10 years, then the license will be for 1 year. If you were under 21, the suspension will be for 1 year.
Q: How long will my driver’s license be suspended if I did not take the chemical test?
A: Over 21 at the time of your arrest.
- For a first offense, the suspension will be for 1 year.
- For a second offense within 10 years, the suspension will be for 2 years.
- For a third offense within 10 years, the suspension will be for 3 years.
Under 21 at the time of your arrest.
- For a first offense, the suspension will be for 1 year.
- For a second offense within 10 years, the suspension will be for 2 years.
- For a third offense within 10 years, the suspension will be for 3 years.
Q: How do I get a restricted license so I can drive to and from work?
A: You apply at any DMV field office. A restricted license cannot be considered at a DMV hearing. The hearing is only to review the actual suspension.
Q: How is the DMV hearing different form court trial?
A: The DMV hearing is an administrative proceeding, whose only concern is your driving privilege. The DMV hearing will consider the circumstances around your arrest. Did you take a chemical test? Did the officer have reasonable cause to suspect you were driving under the influence? Was your arrest lawful? The court trail is concerned with whether you are innocent or guilty of a criminal act.
