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cocounselor23 · 09-01-2004, 07:06 AM

In California, when arrested, the driver is given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved.

CA also has a "Zero Tolerance" policy for drivers under 21, as follows:

VEHICLE CODE SECTION 23140

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.

Veh. C. §42001(a) sets the fines for vehicle code infractions at $100.00 for a first offense, $200.00 for a second infraction offense in a year, and $250.00 for a third or more infraction offense in a year. Add to these the usual penalty assessment of up to 160% of the fine.

In addition to a fine, under Veh. C. §13202.5(d)(4), the convicted defendant is subject to the mandatory one-year suspension, with a hardship restriction available

Veh. C. §13352.6 was added and Veh. C. §23502 amended by Stats. 2000, Chap. 1063, §2, to require a person over the age of 18 who is convicted of a violation of Veh. C. §23140 to attend the educational component of a first offender DUI Program (see page 10-107), unless there are prior drunk driving convictions. If that's the case, then the full first offender DUI Program is required.

The person's driving privilege is suspended until the program is completed. Since the statute became operative on January 1, 2001, it only applies to offenses committed after that date

Per the above, it does appear that there is a "hardship" exception, but your friend should first call the DMV and see if he can get more information. Usually, It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. However, there may be some way to get a hearing, even at this late date. He may have to hire an attorney to go further.

That's the best I can do.

09-01-2004, 07:06 AM	#27 (permalink)
cocounselor23 Upright	In California, when arrested, the driver is given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved. CA also has a "Zero Tolerance" policy for drivers under 21, as follows: VEHICLE CODE SECTION 23140 23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. (c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803. Veh. C. §42001(a) sets the fines for vehicle code infractions at $100.00 for a first offense, $200.00 for a second infraction offense in a year, and $250.00 for a third or more infraction offense in a year. Add to these the usual penalty assessment of up to 160% of the fine. In addition to a fine, under Veh. C. §13202.5(d)(4), the convicted defendant is subject to the mandatory one-year suspension, with a hardship restriction available Veh. C. §13352.6 was added and Veh. C. §23502 amended by Stats. 2000, Chap. 1063, §2, to require a person over the age of 18 who is convicted of a violation of Veh. C. §23140 to attend the educational component of a first offender DUI Program (see page 10-107), unless there are prior drunk driving convictions. If that's the case, then the full first offender DUI Program is required. The person's driving privilege is suspended until the program is completed. Since the statute became operative on January 1, 2001, it only applies to offenses committed after that date Per the above, it does appear that there is a "hardship" exception, but your friend should first call the DMV and see if he can get more information. Usually, It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. However, there may be some way to get a hearing, even at this late date. He may have to hire an attorney to go further. That's the best I can do.