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Much of what has been said about alcohol also applies to drugs. The state’s drunk driving law is also a drug driving law. It refers to “driving under the influence of alcohol and/or drugs.” If an officer suspects that you are under the influence of drugs, the officer can require that you take a blood or urine test. Persons who refuse these tests are subject to longer license suspensions and revocations.

The use of any drug (and the law does not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your driving is illegal. Many medicines can affect the way one drives. Alcohol can enhance some of the dangerous side effects of many drugs, even those that are prescribed by your physician or purchased over the counter. Check with your physician or pharmacist if you are not sure you should drive after taking any medication. Read the warning label. Here are some facts:

• Most drugs taken for colds, hay fever, allergy, or to calm nerves can make a person drowsy.
• Medicines taken together, or used with alcohol can be dangerous. Many drugs have unexpected side effects when taken with alcohol.
• Pep pills, “uppers,” and diet pills can make a driver more alert for a short time. Later, however, they can cause a person to be nervous, dizzy, and not able to concentrate. They can also affect vision.
• Any drug that “may cause drowsiness or dizziness” is one you should not take before driving. Make sure you read the label and know the effects of any drug you use.

ADMINISTRATIVE PER SE

When you drive in California, you consent to take a test of your breath, blood, or urine (under certain circumstances) if you are arrested for driving under the influence of alcohol, drugs, or a combination of both.

A Preliminary Alcohol Screening (PAS), or other chemical test, is also required if you are under 21 years of age and detained because the officer believes you have been drinking any amount of alcohol (see Zero Tolerance). If you have a blood alcohol concentration (BAC) of 0.08% or more, or you refuse, or fail to complete a test, the peace officer will take away your license, and at the same time serve you with an order of suspension or revocation. The suspension or revocation takes effect in 30 days. You have ten days from your arrest date to request a hearing. A stay of the action will be granted only if the hearing is requested within 10 days after the arrest date on the order and the department cannot provide a hearing before the effective date of the action. The issues at the hearing are only the facts related to the arrest or detention and the tests, not whether or not you need a driver license.

If you are arrested because a police officer suspects you have alcohol in your body, you will be required to take a breath, blood or urine test (under certain circumstances) to see if it is true. If you are suspected of being under the influence of a drug or a combination of drugs and alcohol, you will be required to take a blood or urine test (under certain circumstances). If you are taken to a clinic or hospital for medical reasons, you must take one of the tests available at that facility. You do not have the right to talk to a lawyer or to have one present before deciding which test to take, or during the test.

The suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court for the driving under the influence offense.

How Long Will I Be Suspended Or Revoked?

If you did not take, or you failed to complete, a chemical test:

• First offense—Suspended 1 year.
• Second offense in 7 years—Revoked 2 years.
• Three or more offenses in 7 years—Revoked 3 years.

If you took a chemical test and the test results showed 0.08% or more BAC:

• First offense—Suspended for 4 months.
• One or more prior offenses in 7 years—Suspended for 1 year.

If the BAC is 0.01% or higher or the person refuses to take, or fails to complete the test, DMV will suspend the person’s driving privilege for one year on the first offense.

Restricted License

A restricted license (only for first offense of 0.08% or more BAC) can be issued following a 30-day suspension if a chemical test was taken and you were at least 21 years of age when the offense occurred.

You may obtain a:

• Restricted license for driving to and from a state licensed DUI program
• Five-month restricted license to operate to and from work and driving during the course of employment and to and from the activities of a licensed DUI program if you:
  - submit evidence of enrollment in a DUI program.
  - file proof of insurance (SR 22) and maintain it for three years.
  - pay all applicable fees.

If you enroll and fail to participate or you do not complete the licensed DUI program, DMV will immediately revoke your restricted license and reimpose the suspension. It will run for the remainder of your original suspension.

Ignition Interlock

An ignition interlock device (IID) is a hand-held breath testing device which is connected to the vehicle and requires the driver to take a breath test for alcohol each time the vehicle is started.

Courts:

• are required to order the IID restriction on any person convicted of driving on a suspended or revoked license based on a DUI offense. (VC §14601.2)
• may order the IID restriction on any DUI offense.

Any person whose driving privilege is revoked for multiple DUI offenses may apply for a restricted license after serving a specified period of the revocation and if the person complies with certain requirements.

The IID restriction will be in effect for the rest of the original suspension or revocation period and until all reinstatement requirements are met.

NEGLIGENT DRIVING AND LOSS OF LICENSE FOR DRIVERS OVER 18 YEARS OF AGE

If you are stopped by a police officer and cited for a traffic law violation, you sign a promise to appear in traffic court. When you go to court, you may plead guilty or not guilty, or you may forfeit (pay) bail. Paying bail is the same as a guilty plea.

If you ignore the traffic ticket and don’t keep your promise to appear in court, the failure to appear (FTA) goes on your driver record. If you fail to pay a fine (FTP), the court will notify DMV and this will also show on your driver record. Even one FTA or FTP can cause the department to suspend your license. Ending the suspension will cost you a reissue fee of $55.

Each time you are convicted of a moving traffic law violation, the court notifies the DMV. The conviction is placed on your driver license record. Convictions reported by other states are also added to your driver record.

POINTS ON THE DRIVER RECORD

The department keeps a public record of all your traffic convictions and accidents. Each occurrence stays on your record for 36 months or longer, depending on the type of conviction.

You may be considered a negligent operator of a motor vehicle when your driving record shows any one of the following “point count” totals regardless of your license class:

4 points in 12 months
6 points in 24 months
8 points in 36 months

Examples of one point violations:

• A traffic conviction.
• An at-fault accident.

Examples of two point violations:

• Reckless driving
• Driving under the influence of alcohol/drugs
• Hit-and-run driving
• Evading a peace officer
• Driving while suspended or revoked
• Driving on the wrong side of the road.

If you get too many “points,” you will lose your driver license. A violation received in a commercial vehicle carries one and one-half times the point count normally assessed.

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