Does a person arrested for driving under the influence of alcohol have to have their driving privileges suspended prior to a criminal conviction?

California, United States of America


The following excerpt is from Gildsdorf v. Dep't of Motor Vehicles, E058683 (Cal. App. 2014):

"[A] person arrested for driving under the influence of alcohol, and who is determined to have a prohibited amount of alcohol in his or her blood, must have driving privileges suspended prior to an actual conviction for a criminal offense." (Lake v. Reed (1997) 16 Cal.4th 448, 454 (Lake).) The statutory procedure for such a suspension prior to a criminal conviction is called the "'administrative per se'" law. (Ibid.) The licensee may request an administrative hearing on the merits of the suspension. (Veh. Code, 13558, subd. (a).)

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