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The law states that when a California driver is arrested under DUI laws, it requires that he or she be given a choice of a blood test or a breath test. If a breath test indicates a .08% or higher blood alcohol levels, the police immediately confiscate the driver's license. A urine test may also be taken. If the results are positive, or if the driver refuses to undergo the test, his or her license is immediately confiscated. After an arrest, the driver is given a period of ten days to request an administrative hearing and contest the license suspension. The Drivers Safety Office of the Department of Motor Vehicles conducts this hearing. If the ten-day period expires, the Department of Motor Vehicles automatically suspend the license. If the offender does not want to hire an attorney, he can approach the local Drivers Safety Office himself. If the driver has not committed the offense within the last 10 years, the license is suspended for a minimum period of 4 months. The sentence can be reduced to 1 month followed by 5 months of work restriction, if the offender files proof of admission to a DUI school and also presents proof of insurance. When a driver refuses to undergo breath, blood, or urine testing, the driver's license is suspended for one year. Regardless of testing, in cases of repeated offenses within 10 years the license is suspended for one year. Additionally, DUI case may be charged as a felony case when someone is injured, or where the accused has three or more prior DUI convictions There are special laws in California for drivers under the age of 21. Those indicted by the Department of Motor Vehicles undergo severe punishments due to California's "zero tolerance" rule. A one-year suspension of the license is given if the offender is under 21 years of age, regardless of past offenses. |