LICENSE SUSPENSION AS A RESULT OF A DUI ARREST (AGE 21 OR OLDER)

A.)  First DUI Offense

          Following a DUI arrest, there are two ways in which your license can be suspended: pursuant to an administrative action by DMV prior to being convicted, and as a result of a DUI conviction. 

          Administrative action:  If you were 21 or older when arrested for a DUI, it is your first offense and your blood alcohol level is .08% or greater, DMV will seek to suspend your license up to four months.  If it is alleged that you refused to voluntarily submit to a chemical test, the suspension period for a first offense is one year.  When the officer arrests you for a DUI, he will issue you a temporary license that is valid for thirty days.  If you wish to fight the suspension of your license you must request a DMV hearing within ten days of the date of your arrest.  Requesting a DMV hearing does two things: first, it allows you and your attorney to try and prevent your license from being suspended, second, it forces DMV to stay the suspension of your license until the outcome of your hearing which is approximately two months after your arrest date.  If you do not contact DMV within ten days of your arrest date, the DMV will automatically suspend your license after your 30 day temporary license has expired. 

          Mandatory action as a result of a DUI conviction:  Following a conviction for a first time DUI, with an offense date of 9/20/05 or later, DMV will impose a six month suspension which can be converted to a six month restriction by providing DMV with proof that you are enrolled in alcohol school, proof of insurance (SR-22), and paying a reissue fee.  Although this is separate from the above mentioned administrative license penalty, the administrative suspension and restriction time counts toward the six month suspension/restriction period that is imposed following a conviction.  The mandatory driver’s license suspension period has been increased to ten months for persons convicted of a first offense of Driving Under the Influence of alcohol if the individual’s blood alcohol concentration  was .20% or greater, and the court orders an enhanced alcohol treatment program.             

B.)  Second or Third DUI Offense within Ten Years

(Effective January 1, 2005, any prior DUI that occurred within ten years of a new DUI offense is chargeable as a prior DUI.)

          For a second DUI offense within ten years where your blood alcohol level is .08% or greater, DMV will seek to impose a one year administrative license suspension.  If it is alleged that you refused to voluntarily submit to a chemical test DMV imposes a two year license revocation.  Effective 9/20/05, following a conviction for a second time DUI, DMV imposes a mandatory two year suspension, and for a third DUI, a mandatory three year revocation.  Although this is separate from the above mentioned administrative suspension penalty, the administrative suspension time counts toward the suspension period that is imposed following a conviction.  After 12 months, you may be eligible to convert the suspension to a restricted license by providing DMV with proof that you are enrolled in the multiple offender alcohol school, proof of insurance (SR-22), and pay a reissue fee.  Please consult with our Law Office to determine how this suspension can be reduced or possibly avoided.     

LICENSE SUSPENSION AS A RESULT OF A DUI ARREST (UNDER AGE 21)

          Following a DUI arrest, there are two ways in which your license can be suspended: pursuant to an administrative action by DMV prior to being convicted, and as a result of a DUI conviction.  Administrative action:  If you were under 21 when arrested for a DUI and it is your first offense, you are subject to the zero tolerance law.  Driving with a blood alcohol level of .01% or greater, will subject you to a one year license suspension.  When the officer arrests you for a DUI, he will issue you a temporary license that is valid for thirty days.  If you wish to fight the suspension of your license you must request a DMV hearing within ten days of the date of your arrest.  Requesting a DMV hearing does two things: first, it allows you and your attorney to try and prevent your license from being suspended, second, it forces DMV to stay the suspension of your license until the outcome of your hearing which is approximately two months after your arrest date.  If you do not contact DMV within ten days of your arrest date, the DMV will automatically suspend your license after your 30 day temporary license has expired.  In addition to fighting your suspension at a DMV hearing, a “critical need” hardship application can be submitted to apply for a restricted license.  Mandatory action as a result of a DUI conviction:  Following a conviction for a first time DUI, with an offense date of 9/20/05 or later, DMV will impose a six month suspension which can be converted to a six month restriction by providing DMV with proof that you are enrolled in alcohol school, proof of insurance (SR-22), and paying a reissue fee.  Although this is separate from the above mentioned administrative license penalty, the administrative suspension and restriction time counts toward the six month suspension/restriction period that is imposed following a conviction.  However, if you do not win your DMV hearing and are not granted a critical need hardship restricted license, your license will be suspended by DMV for one year.     

DMV ADMINISTRATIVE LICENSE SUSPENSION PENALTIES

    
LICENSE SUSPENSION AS A RESULT OF HAVING TOO MANY POINTS

          Being arrested for a DUI triggers a potential license suspension for driving above the legal limit.   Being convicted of a DUI can cause you to lose your license for having too many points.  A misdemeanor DUI conviction for a violation of Vehicle Code section 23152 constitutes two points on your DMV driving record.  The DMV will presume that you are a negligent operator and issue a suspension notice if you obtain four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months.  When you receive this notice, you will typically be given ten days in which to request a hearing to fight the suspension.  The Law Office has conducted a number of these hearings and has been successful in preventing clients’ licenses from being suspended even when they have exceeded the point counts set forth above.*
          Most moving violations such as speeding, running a stop sign or red light, etc., are infractions which constitute one point on your DMV record. The following violations constitute two points on your DMV record: DUI (Veh. Code § 23152), hit and run (Veh. Code § 2001/2002), reckless driving (Veh. Code § 23103), driving over 100 mph (Veh. Code § 22348(b)), evading the police (Veh. Code § 2800.2/2800.3), exhibition of speed (Veh. Code § 23109), driving on a suspended license (Veh. Code § 14601/14601.1/14601.2/14601.3/14601.5), and violations of Vehicle Code section 23140. (If you are a commercial driver or someone holding a class A or B license, different rules than those set forth above apply and you should consult the Law Office.)
 

For information on Los Angeles County DUI Defense click here: www.CaliforniaDUI.info.

For Ventura DUI arrest information click here:                        www.venturadui.com and duiarrestinfo.com

* This does not guarantee, warranty, or predict the outcome of your case.