DUI Tip's & SR-22 Facts

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

A hearing is your opportunity to show that the suspension or revocation is not justified.

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.
A second or subsequent offense within 7 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

A first offense will result in a 1-year suspension.
A second offense within 7 years will result in a 2-year revocation.
A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

A first offense will result in a 1-year suspension.
A second offense within 7 years will result in a 2-year revocation.
A third or subsequent offense within 7 years will result in a 3-year revocation.

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

No. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.

Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard (hearing).

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed: If you took a blood or breath or (if applicable) a urine test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153? Were you placed under lawful arrest?

Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

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id the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153? Were you placed under lawful arrest?

Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?

Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

No. You are not required to request a DMV hearing

No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.

When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.

No. A reduction of a DUI charge to reckless driving in the criminal court is separated and/or independent from the administrative proceeding, and does not affect the driving privilege suspension.

Not necessarily. Current law may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

his link will take you to a DUI Program Directory of Service Providers. (Note: You need Adobe Acrobat Reader to view/print this publication).

If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. Any driver with a second DUI offense within 7 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work. Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any type of restricted license.

No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.

A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on your driving privilege. The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing; AND - that the insurance company will notify the DMV should the insurance ever lapse for any reason. We often get asked if a person can get an SR22 filing WITHOUT buying insurance - the answer is NO - because an SR22 filing is evidence of liability insurance in force.

A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on your driving privilege. The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing; AND - that the insurance company will notify the DMV should the insurance ever lapse for any reason. We often get asked if a person can get an SR22 filing WITHOUT buying insurance - the answer is NO - because an SR22 filing is evidence of liability insurance in force

People whose license is under suspension by the DMV need a SR22 Filing to reinstate their license. This includes, but is not limited to the following suspension reasons: drunk driving violations; more minor moving violations in one year than the law permits; suspensions from unpaid fines or parking violations; uninsured accidents; failure to comply with other Motor Vehicle laws or regulations.

Other situations where you will need to show an SR-22 to the DMV to have your license returned:

1. Those convicted in the court of a DUI and sent to a DUI school. If the four months is not up by the time the DMV receives notice from the court of your conviction, then the requirement to show an SR-22 goes into effect.

2. Those that had their licenses restricted by the court for a DUI or "Wet Reckless".

You must purchase minimum liability coverage on the vehicle(s) you own. If you do not own a motor vehicle, you must purchase "non-owners" liability coverage. The price is based on the severity of your driving record (accidents and violations), where you live, and the number of years of driving experience. If you do not know what is on your driving record, purchase it from the DMV. Then you must purchase the proper kind of Auto, Motorcycle, or Non-Owners Policy.

Proof of insurance must be maintained for a period of three years (from the date the original 4 month suspension would have been up). Proof of insurance WILL stay active (and you need not re-submit an SR-22) if you do not cancel the policy or get dropped during the 3 year period. The insurance policy that the SR-22 is filed under must remain in effect. If for any reason your policy is no longer in effect the insurance carrier is REQUIRED to notify the DMV. The DMV will then notify you that by a certain date you will have to file another SR-22 with them or your license will be suspended.

1. First, you need to know what is on your driving record.

2. Secondly, you will need to call the DMV's office or visit their website to ask them what other fees are needed to reactivate (usually a reinstatement fee, and payment of all other outstanding parking/moving violation fines).

3. With that information, we can help find you the LOWEST PRICE for insurance, so the next step is getting a quotation for the proper coverage. Get a SR22 INSURANCE quote now and select the type of coverage you need. If the price is OK with you, we will fax or email you the paperwork to start your policy, and upon receipt, issue the SR22 Filing. If you pay via Electronic Check or Credit Card, we can issue the filing INSTANTLY, which permits you to go to a local DMV office to reinstate your license IMMEDIATELY.