What is an administrative license suspension?
An administrative license suspension (ALS) is a process initiated by the Department of Motor Vehicles (DMV) in California that immediately suspends the license of a driver arrested for DUI. Depending on the circumstances, the ALS can be issued even before the driver is convicted of a DUI. The ALS process is only triggered if the driver fails or refuses to take a chemical test. The ALS process begins when a police officer pulls over a suspected drunk driver and requests a chemical test. If the driver refuses to take the test, the officer can immediately take his or her license and give them a temporary license that will last until the suspension is completed. If the driver fails the test, such as a blood alcohol content of 0.08% or higher, the officer will also take the license and issue a temporary license that will last for 30 days. Once the license is taken, the DMV will send the driver an Order of Suspension and Temporary License. The driver then has 10 days to request an administrative hearing to challenge the ALS and could potentially be able to keep his or her license. If the driver does not request a hearing, the license will continue to be suspended for four months if the driver is over 21. If the driver is under 21, the suspension could be for one year. If the driver is ultimately convicted of a DUI, the ALS can also be extended for an additional period of time. After the suspension period has elapsed, the driver may be able to have their license reinstated if they have completed any necessary DUI classes.
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