In the state of California, if you are arrested or convicted for a DUI, getting your driver’s license suspended is one of, if not the most dreadful repercussions you could face. The period in which your driver’s license could be suspended will depend mainly on whether you have a prior DUI conviction. This, however, does not mean that getting arrested for a California DUI will automatically lead to your license getting suspended. It is vital that you understand all the factors surrounding your case if you are to fight it successfully. At Orange County DUI Defense Attorney Law Firm, we have made it one of our top priorities to help drivers avoid suspension of their licenses. Our attorneys are knowledgeable, experienced, and dedicated to providing all the help a client may need.

What is a Driver’s License Suspension

The California DMV holds almost unrestricted authority to withdraw a given individual’s right to drive motor vehicles within the California state. Once the DMV decides that the withdrawal of an individual’s privilege to drive is justified, they might take administrative action to either suspend or retract the individual’s license altogether.

Under section 13102 VC of the California Vehicle Code, a driver's license suspension is defined as the temporary withdrawal of an individual’s right to drive a motor vehicle.

Why suspend a driver’s license in the first place?

As stated earlier, the California DMV can suspend or retract one’s right to drive for almost any reason. There, however, are some common reasons as to why drivers get their licenses suspended in California. They include:

  • DUI
  • Negligent operation
  • Traffic accidents causing serious injury
  • Traffic accidents causing fatalities
  • Hit and run
  • Driving without vehicle insurance

Normally, an individual is entitled to having their driving privileges reinstated after a given duration of the suspension.

The DMV Hearing

When you are arrested for a California DUI, the law compels you to engage in two separate legal proceedings: a DMV hearing for your DUI, and the DUI court procedure.

The DMV hearing, also known as an administrative hearing is held to give the accused the right to submit evidence and dispute the case presented against them. This hearing is not meant to determine whether you are guilty or innocent of the DUI, but rather seeks to find if:

  • Your arrest was made in a legal manner
  • You declined to submit to or complete the breath or blood test administered by the arresting officer
  • The officer who made the arrest had sensible suspicion to believe that you were operating the vehicle under the influence of drugs or alcohol
  • The arresting officer informed you that turning down the blood or breath test would lead to the suspension of your driver’s license for a particular period

Apart from rare incidents, the California DMV cannot suspend or retract your driving privileges without giving you a chance to defend yourself.

First Offense DUI DMV License Suspension

As a first-time California DUI offender, it is worth noting that the DMV will try to suspend your driver’s license on the grounds of an admin per se (APS) violation.

After you are arrested for a first time DUI, the DMV will give you ten days, in the course of which you are expected to request a hearing from them. In doing so, you put a brief hold on your license suspension. If you, however, fail to request a hearing, the California DMV can proceed to suspend your license.

Note that your driver’s license can only be suspended in such a manner if your BAC at the time of your arrest was .08 or more. This is following the California Vehicle Code 133353.2 VC. If, on the other hand, the results of your BAC test show it to be below.08, you are considered to not be in violation of an admin per se; hence, your license will not be suspended by the California DMV.

In the case that your BAC at the time of arrest was .08 or higher, it is necessary that you request for, and gear yourself up for a DMV hearing. While it is not common for a DUI offender to succeed at a DMV hearing, your chances significantly improve if you choose the Orange County DUI Defense Attorney Law Firm to represent you at the hearing.

If you emerge victorious at the DMV hearing, your driver’s license is not suspended. If, on the other hand, you lose at the hearing, your license gets suspended by the California DMV for a period of six to ten months. Nonetheless, the DMV, after the first month of suspension, permits the accused to drive to work, or a California DUI school, provided that they have an ignition interlock device (IID) installed in their vehicles. Also, as from 2019, any first-time DUI offender can keep driving without restriction if they install an IID in their cars for four months.

If you want your driver’s license privileges to be changed to a restricted license, you need to:

  • Sign up in a California DUI school
  • Present the SR22 insurance cover form
  • Make a payment $125 for the reinstatement of your license

Supposing that your DUI resulted in the injury of a second individual and you proceeded to lose the DMV hearing, your driver’s license could be suspended for a period of one year. The California DMV can also suspend your license for a similar period if, at the time of arrest, you declined to take a chemical breath or blood test.

If you either refused to take a chemical breath or blood test, or your DUI resulted in injury, you are not allowed to change your driver’s license privileges to a restricted license.

Second Offense DUI DMV License Suspension

Just like in the case of a first offense DUI, getting charged with a California second offense DUI will have the DMV trying to suspend your driver’s license on the grounds of an admin per se (APS) violation.

Following your arrest for a second offense DUI, the DMV will give you ten days, in the course of which you are expected to request a hearing from them. In doing so, you put a brief hold on your license suspension. If you, however, fail to request a hearing, the California DMV can proceed to suspend your license.

It is worth noting that your driver’s license can only be suspended in such a manner if your BAC at the time of your arrest was .08 or more. If, on the contrary, the results of your BAC test show it to be below.08, you are considered to not be in violation of an admin per se; hence, your license will not be suspended.

In the case that your BAC at the time of arrest was .08 or higher, it is necessary that you request a DMV hearing, and prepare accordingly. Although it is not common for a DUI offender to succeed at a DMV hearing, your odds improve if you hire a competent attorney to argue in your defense at the hearing.

If you succeed at the hearing, the DMV will not impose an administrative license suspension. If on the contrary, you do not win your hearing, your driver’s license is suspended for two years following the APS violation. This is, however, only applicable if you have a previous DUI on your record within a period of ten years. Nonetheless, the California DMV normally permits you to drive to work, or a California DUI school under the condition that you install an IID in your car. Beginning in 2019, any second-time DUI offender can keep driving without restriction if they install an IID in their vehicles for one year.

If you want your driver’s license privileges to be changed to a restricted license, you may do so after one year, but first, you must:

  • Sign up in a California DUI school
  • Present the SR-22 insurance cover form
  • Make a payment $125 for the reinstatement of your license

Given that your DUI included alcohol alone with no further aggravating factors, for example, an exceptionally high BAC, you may qualify to receive a restricted license. This is, however, only possible after 90 days and given that you:

  • Stick to the requirements outlined earlier
  • Present evidence of registration in an 18 or 30-month DUI school
  • Present evidence of the installation of an IID in your vehicle

If your DUI resulted in the injury of a second individual, your driver’s license is suspended for three years. Nevertheless, you can have it changed to a restricted license, but only after one year. You also need to adhere to the processes outlined above. The California DMV can also suspend your license for two years if, at the time of arrest, you declined to take a chemical breath or blood test: one year for turning down the test, and an extra year for each previous DUI.

Third Offense DUI DMV License Suspension

In the state of California, if you are arrested for DUI a third time with a BAC of .08 or more, the DMV usually carries out administrative action on your driver’s license. Again, it is worth noting that the DMV’s action is separate from your California DUI court proceeding. A hearing is held to determine if the DMV has a basis to have your license suspended. You are allowed the option of having a DUI defense attorney represent you at this hearing.

Presuming that you win at the hearing, the DMV puts a hold on suspending your driver’s license, whereas, according to Vehicle Code 13353.3(b)(2), your license is suspended for a period of three years if you suffer a loss at the said hearing. During this period where your license is suspended, the DMV will allow you to drive to work, or a California DUI school provided that you get an IID installed in your car. Starting in 2019, any third-time DUI offender can keep driving without restriction if they install an IID in their vehicles for one year.

If you want your driver’s license privileges to be changed to a restricted license, you may do so after one year, but first, you must:

  • Sign up in a California DUI school
  • Present the SR-22 insurance cover form
  • Make a payment $125 for the reinstatement of your license

If your DUI resulted in the injury of a second individual, your driver’s license is suspended for five years. This is, however, only applicable if this is your third or succeeding DUI within a period of ten years. The California DMV can also suspend your license for three years if, at the time of arrest, you declined to take a chemical breath or blood test: one year for turning down the test, and an extra year for each previous DUI.

Fourth and Successive DUI Cases DMV License Suspension

If you happen to get arrested a fourth time in under ten years for a California DUI, the offense automatically escalates to felony DUI. By losing the DMV hearing, your license is suspended for a period of four years.

During this period where your license is suspended, the DMV will allow you to drive to work, or a California DUI school provided that you get an IID installed in your car. Starting in 2019, any third-time DUI offender can keep driving without restriction if they install an IID in their vehicles for a predetermined period.

If you want your driver’s license privileges to be changed to a restricted license, you may do so after one year, but first, you must:

  • Sign up in a California DUI school
  • Present the SR-22 insurance cover form
  • Make a payment $125 for the reinstatement of your license

 

Underage DUI DMV License Suspension

As per Vehicle Code 23136 VC of the state of California, any person aged 21 and below is in direct violation of California’s Zero Tolerance Law if they drive with a BAC of .01 or higher in their system. It does not necessitate that the driver is under the influence or impaired. In California, underage DUI cases are treated as civil lawsuits instead of criminal cases.

Losing your DMV hearing in an under-21 lawsuit will mean a one-year suspension of your driver’s license. If you are yet to obtain a license at the time of your arrest, you will be forced to wait for an additional year to get the license.

The California DMV can also suspend your license for either one, two, or three years if, at the time of arrest, you declined to take a chemical breath or blood test. The exact period will be dictated by the total number of previous violations on your record for underage DUI or any additional DUI-related crime.

Commercial Driver’s DUI DMV License Suspension

In the state of California, a commercial driver is defined as a driver who holds a CDL (commercial driver’s license), permitting them to drive specific types of vehicles. A commercial vehicle is explained as:

  • A vehicle weighing 26,001 lbs. or more, and may incorporate a towed unit weighing 10,001 lbs. or more
  • A double trailer, tank or school bus
  • Any vehicle that can transport ten or more individuals, inclusive of the driver
  • Any vehicle transporting unsafe substances

California holds commercial drivers to an elevated professional standard; hence, much stricter laws are put in place for commercial drivers. As per Vehicle Code 23152(d) of the state of California, it is illegal for a commercial driver/ a person who holds a CDL to operate a commercial vehicle while having a BAC of.04 or more.

 

Out-of-State Drivers and California DUI DMV License Suspension

If you are arrested for a California DUI and you are not a resident of the state, you must schedule a hearing with the California DMV. To do this, you need to get in touch with the regional DMV driver safety branch office. Your hearing will also take place here. It is important to note that these offices are not the traditional ones where vehicles are registered, or driver’s licenses obtained, but rather different offices.

California law requires that you communicate with the DMV no more than ten days after your DUI arrest, to set up your hearing. After ten days have passed, you lose your right to the hearing. The law allows you to have a DUI attorney represent you either in person or via phone call.

If you lose at the hearing, the DMV will impose an administrative suspension of your driver’s license, just like they would that of a California resident. In most cases, the suspension of your license in California will most certainly affect the status of your license back at home too. This might be the case, since, with the exception of Tennessee, Georgia, Michigan, Wisconsin, and Massachusetts, all other states are part of the interstate DLC (Driver’s License Compact).

The DLC’s main focus centers around the idea that each driver around the country holds one driver’s license and one driving record. The states that belong to the DLC share driving arrests and DUI’s with each other. Thus, if you are arrested for a California DUI and license suspension, your state of residence might act on its own regarding your driver’s license.

Appealing the DMV DUI License Suspension

If you lose your DMV DUI hearing but believe that it should have gone in your favor, the laws in California allow you to appeal the finding. You can do this in either two ways: 1) Lodge an appeal immediately with the Superior Court of California, or 2) Request a DMV departmental review from the DMV itself.

Subsequent to your DUI hearing, the DMV will send you a form informing you of their ruling. This written form will also detail the time frame, as well as the directions you are to take when appealing the ruling. In addition, you are required to pay a fee of $120, which will cater to the DMV review.

If you choose to lodge an appeal with the court, you are required to do so via a writ of administrative mandate. A writ is a request for the California Supreme court to re-examine and reverse the ultimate decision on your DUI license suspension. It should be noted that, if you choose to file a writ regarding the suspension of your driver’s license following a DUI, it might cost you anywhere between $2,500 to $3,000. If you are still not happy with the decision of the Superior Court, the state of California gives you the option of appealing with the California Court of Appeals.

Regardless of the method that you opt to follow when appealing the suspension of your driver’s license by the DMV, there are deadlines, stringent rules to be followed, and specific time frames to be observed. It is therefore wise to seek the aid of an experienced DUI attorney to help with the appeal process after the DMV hearing of your California DUI.

 

Getting Your Driver’s License Back Following a DMV DUI Suspension

If you were arrested after a California DUI and the DMV suspends your driver’s license, you are required to do the following:

  • Complete an obligatory suspension period

The severity and nature of your DUI offense will dictate the period in which your license will be suspended.

  • Pay for the reinstatement of your license

After your DMV suspension comes to an end, you are expected to pay a total of $125 and provide evidence of the SR22 insurance cover form to get your license back. As per the zero-tolerance law, anyone Aged 21 and below who is arrested for a California DUI is to pay a $100 reinstatement fee.

  • Check yourself in a California DUI school

You are required to present evidence that you enrolled in a DUI treatment program, which you are also expected to have completed by presenting a Certificate of Completion.

Consult an Orange County DUI Defense Attorney Near Me

If you need to fight a California DMV license suspension successfully, you need to be ready to work hand in hand with a competent DUI defense attorney. The ability to drive to different places is a necessity for most people in the modern world, and suffering a license suspension could be very frustrating. At Orange County DUI Defense Attorney Law Firm, we strive to create a personal connection with our clients and stand by them throughout the hearing. Call us today at 714-740-7866 and schedule your free appointment with one of our top lawyers.