Drugs, DUI and the DMV

Upon arrest for a DUI based on drugs or medication alone, the arresting officer should not take your drivers license from you. Normally, when a person is arrested for DUI, if the police believe, based on breath test results, anticipated blood test results or a refusal to provide a sample, that the suspect is over a .08% blood or breath alcohol level, the arresting officer will seize that persons license and issue a temporary license. The Licensee must then contact the DMV within ten days to request a DMV hearing or face an automatic license suspension. This procedure does not relate to DUI arrests based on drugs or medication alone.

However, if the DMV receive a report from an arresting agency that a person has been arrested for driving under the influence of drugs, the DMV can send a seperate notice to the Licensee suspending that persons privilege to drive if the DMV is concerned that as a result of an addiction to drugs or prescribed medication, that person is unfit to drive. The DMV typically gives fourteen days from the notice to contact the driver safety office to request a "Fitness Hearing". At this hearing medical or other evidence can be presented to convince the DMV that the Licensee is a safe and fit driver. The suspension proceedings can then be set aside.

If you have been arrested for a DUI based on medication or drugs and you are concerned about a potential license suspension, please contact Los Angeles and Orange County DMV Attorneys Gold & Witham for a free consultation.


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