DUI License Suspension in California

It is no secret that DUI charges are serious and can carry a number of penalties. However, perhaps no penalty is more dreaded for first time offenders than a driver’s license suspension. While many first time offenders are only forced to spend time on probation, pay reduced fines, and attend alcohol education classes while avoiding jail altogether, a driver’s license suspension is a penalty that is suffered by everyone convicted of DUI. A license suspension can lead to all sorts of challenges and headaches; thus, it is imperative you contact a skilled DUI attorney to defend your rights and protect your driving privileges.

If you are worried about having your driver’s license suspended, you should not wait to reach out to a skilled Southern California DUI attorney who can help you fight back against your charges. If your license is currently suspended then our legal team can assist you with reinstating your driving privileges. At Parker Law Center, Attorney Kellee Parker Harris has represented numerous clients throughout their DUI cases. She has considerable experience battling back against prosecutors and hearing officers who have sought lengthy license suspensions against the accused. As the DUI Professor and member of the National College of DUI Defense, she has the knowledge and skillset you need to put forth an effective defense that fights to help you retain your full and unrestricted driving privileges.

How to Fight Your License Suspension

In California, there are two different times your license can be suspended as a result of your DUI arrest. The initial suspension is triggered by your arrest and will take place automatically 30 days from the date of arrest unless you contact the local driver safety office to fight the suspension. Following the APS hearing should the suspension be upheld then your license would be suspended 9 days from the date the decision is rendered. The second suspension is triggered by conviction in court. Upon conviction an abstract is sent to the Department of Motor Vehicles which results in a mandatory license suspension.

This effectively means in order to prevent your license from being suspended you must:

• Avoid losing your hearing with the DMV &
• Avoid a conviction in court

In order to fight the APS action you must request a hearing within 10 days of the date of arrest. A hearing will be presided over by a hearing officer at the local driver safety office to determine if the Department can prove by a preponderance of the evidence that you were driving with a BAC of 0.08% or above, or you refused to submit to a chemical test upon a knowing admonition. Upon a first APS action the license is suspended for a period of four months. Following a 30 day hard suspension period the licensee can apply for a restricted driver’s license to remain in place for a period of five months. A second and third action will result in a one year hard suspension with no eligibility to obtain a restricted license. Should you be designated as a refusal, the suspension period on a first offense is one year while it results in a two and three year revocation for second and third offenders.

If you are convicted in court, your license will automatically be suspended for six or ten months on a first offense. You are eligible to apply for a restricted license. A second conviction within a ten year period will result in a two year license suspension. Following 12 months of not driving the licensee can apply for a restricted license. The licensee may be able to apply for an early restricted license following a 90 day hard suspension period with the installation of an ignition interlock device. A third conviction within a ten year period can result in the revocation of your driver’s license for a period of up to 10 years. Following completion of at least 12 months of an 18 month alcohol program you may be eligible to apply for a restricted license. You may be eligible to apply for an early restricted license following a 6 month hard suspension period with the installation of an ignition interlock device. If your case is dismissed in court or reduced to a different offense then your conviction will not result in an automatic license suspension.

For more information about license suspensions, contact Parker Law Center by calling (800) 805-8804 today!

One of the most notable penalties which accompany a DUI arrest is a license suspension. A license suspension is not only inconvenient, but can result in the interference of your livelihood. If you have been arrested for DUI it is imperative you contact the Parker Law Center to represent you to protect your driving privileges. Many people do not realize that the California Department of Motor Vehicles (DMV) is charged with the suspension of all licenses and that there are two license suspensions associated with a DUI.

Suspension Due to Criminal Conviction

Being convicted of a DUI in Court will result in the Court sending an abstract the DMV and the DMV suspending the person’s license for a 6 month period on a first offense and 2 year period on a second offense. On a first offense the licensee is eligible for a restricted license if he/she meets the following requirements: files an SR-22, enrolls in an alcohol program, and pays the reissue fee. A second DUI conviction will result in a one year hard license suspension with the eligibility for a restricted license the following year. The requirements for the restricted license are the same as above.

Suspension Due to DUI Arrest

Even if you are not convicted of a DUI in Court, the DMV can still suspend your license as an administrative action based solely on your arrest for driving with a blood alcohol content of 0.08% or higher, or refusal to submit to, or failure to complete, a chemical test. The administrative suspension is a result of either: 1) failure to request an APS hearing within 10 days of arrest, or 2) a negative outcome of an APS hearing. The license suspension period on a first DMV action is 4 months, with eligibility for a restricted license to drive to and from work, during the course of work, and to and from an alcohol program. After 30 days of no driving, licensee can apply for a restricted license if he/she provides proof of enrollment in a first offender AB-541 alcohol program, files an SR-22, and pays a reissue fee to the DMV. On a second DMV action within 10 years, the licensee will face a 1 year license suspension with no eligibility for a restricted license. A third DMV action within 10 years will result in a 2 year license suspension. Therefore, it is vital you contact the Parker Law Center as soon as possible after your arrest so the legal team can start preparing your defense.

Remember, as a condition of receiving a California driver’s license, drivers agree to submit to a blood or breath test if requested to by a peace officer. If a driver refuses to submit to that breath or blood test, then the driver’s license will be automatically suspended by the California Department of Motor Vehicles. Failure to submit to, or complete, a breath test will result in a 1 year license suspension on a first offense. If it was a second offense within 10 years, the license will be revoked for a 2 year period. In order to avoid the license suspension, you should hire the Parker Law Center to zealously protect your driving privileges.