One of the most dreaded consequences of a California DUI arrest or California DUI conviction is the possibility of a driver’s license suspension.
Let's face it. Most of us in California need to drive to survive. We drive to work, to school, to our errands and to care for our families. Life without our cars is unimaginable. Public transportation is limited and not a viable alternative for many of us.
Most people who get a DUI do end up losing their drivers license for some period of time. It can range from 30 days to several years, depending largely on whether they have prior DUI or wet reckless convictions and whether they refused to take the DUI blood or breathe test.
Some people continue to drive even during their DUI license suspension. If they get caught, they face prosecution for the crime of "driving on a suspended license." This offense carries serious penalties, including mandatory jail time. We strongly advise against it.
But a DUI arrest doesn't necessarily mean your license will be suspended. It's never automatic. You can fight it. Often successfully.
As DUI defense attorneys, one of our primary goals is to help clients avoid the DUI license suspension. It isn't always possible. But the knowledge, dedication and experience of our DUI defense team will give you the best chance of putting your license back where it belongs-in your wallet.
California Drivers License Suspensions from a First-Time DUI
- In a first offense DUI situation, two things can trigger a license suspension: (1) being convicted of the DUI in court, or (2) losing your DMV hearing.
Court-Triggered License Suspensions for First-Offense DUI
- A California court conviction for first-time DUI automatically triggers a six-month license suspension. This suspension is not imposed by the DUI judge. Rather, when the conviction occurs, the court notifies the DMV and the DMV is responsible for imposing the suspension. If the DUI defendant gets the charge reduced to reckless driving or to an offense other than DUI, there is no court-triggered license suspension.
Administrative License Suspensions for First-Offense DUI
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A person arrested for DUI with a BAC of .08 or higher also faces an administrative drivers license suspension. This proceeding is through the DMV and is independent of the DUI court proceedings. We know it's confusing. But suffice it to say that California gets two bites at the apple-that apple being your privilege to drive.
You are entitled to a DMV hearing regarding the administrative suspension and to be represented at the hearing by a DUI defense attorney. If you win your hearing, no administrative license suspension is imposed. If you lose your hearing, the DMV suspends your license for four months.
*Note: What if you have the misfortune of getting a DUI conviction in court and an administrative suspension from the DMV? Does that mean a 10-month suspension? No. The total period of both suspensions cannot be longer than the longest individual suspension. So the total license suspension period would be just six months, not ten.
Getting a Restricted License in a First-Offense DUI Situation
- How soon you can get a restricted license depends on which suspension you suffer. With the DUI court-triggered suspension, you can get a restricted license right away. With the administrative suspension, you must wait 30 days from the start of the license suspension. If you suffer both suspensions, you still must wait 30 days from the start of the administrative suspension.
