Piper

DISCUSSION

I Relevant Law Regarding License Suspension and Restriction A person arrested for DUI is subject to immediate administrative license suspension, and notice of this suspension is typically given by the arresting officer, with

4 The writ was not sought under Code of Civil Procedure section 1094.5, to overturn DMV’s administrative decision, but under Code of Civil Procedure section 1085, to compel DMV to perform a ministerial duty. (See Carrancho v. California Air Resources Board (2003) 111 Cal.App.4th 1255, 1264-1265.) The parties agree the case presents a question of law, subject to de novo review.

3 instructions on how to challenge the suspension before its effective date. (§ 13353.2; see Robertson, supra, 7 Cal.App.4th at pp. 941-942, 948-949; Pacheco, Admin Per Se for the Practitioner (1993) 24 Pacific L.J. 461, 464-465.) Absent aggravating circumstances (e.g., prior DUI convictions), this administrative license suspension period is four months. (§ 13353.3, subd. (b)(1).) Absent aggravating circumstances, or a court order finding a risk to public safety, a driver with an administratively suspended license may apply for a “restricted” license, to allow the driver to…