Drunk Driving Defense, DUI Arrest - FAQs
11. The officer took my license from me and issued me a notice of suspension after I took a breath test. How can he do that if I am assumed innocent?
While we agree that this is obviously unfair, the state of California does permit it. If the arresting officer has valid reason to believe a blood (or urine) test will have positive results, or if the breath test shows a result above the legal limit, he has the authority to confiscate your license on the spot. Your license will also be suspended if you refuse any chemical testing.
IMPORTANT: You, or preferably your attorney, must call the California DMV to schedule a hearing about your suspended license. This has to be done 10 calendar days after the arrest or you forfeit your right to a hearing. It is important to also request an extension for your temporary license as hearing dates are often scheduled after the original expires.
