A conviction for a California DUI comes with many potentially life-changing consequences, even if it is your first conviction.
Of course, the punishments for a first-time DUI can include probation, DUI school, fines, and even jail time.
However, for first-time offenders, one of the most concerning elements of a DUI conviction involves the suspension of their driver’s license.
When you are arrested for a California DUI, there are two types of legal proceedings that will take place. The first is a criminal trial in which the prosecution will try to prove that you drove under the influence.
If a judge or jury finds you guilty, you will face criminal penalties which can include probation and possibly incarceration. The second type of proceeding is an administrative DMV license suspension hearing.
Administrative DUI License Suspension in CA
When the California DMV receives word that you were arrested for DUI, it is required to suspend your license if:
- You took a blood or breath test indicating your blood-alcohol content (BAC) was .08% or more; or
- You refused a chemical test.
At the time of your arrest, the arresting officer will confiscate your driver’s license. However, the DMV allows you to drive for 30 days so long as your license is not expired or previously suspended for any other reason.
If you are 21 or older, the DMV will suspend your license for four months if you took the test but failed. However, if you are a minor or refused a chemical test, the DMV suspends your license for one year.
The period of suspension begins after the 30-day grace period mentioned above.
However, you have 10 days from the date of suspension to request an administrative hearing. The administrative hearing is an opportunity for you to explain why the DMV should not suspend your license.
While you may qualify for a restricted license, you cannot request a restricted license at the administrative hearing.
There are two types of restricted licenses in California. You can either agree to place an ignition interlock device on your vehicle or apply for an employment/treatment program.
You can pursue each of these options by visiting the DMV office. However, to qualify for a restricted license based on your participation in an employment/treatment program, you do have to first serve 30 days of your four-month suspension.
At the conclusion of the four-month suspension period, you can apply to reinstate your driving privileges.
However, it is important to remember that these suspensions deal only with the administrative portion of a DUI arrest. A criminal conviction for a California DUI may result in a separate suspension.
Contact a California DUI Lawyer for Immediate Assistance
If you were recently arrested for a DUI and have questions about the laws surrounding DUI license suspension in CA, contact the Law Office of Mark Greany.
Attorney Greany is a veteran criminal defense attorney with extensive experience representing clients facing DUI charges throughout San Diego County. He also represents clients charged with driving on a DUI suspended license.
Attorney Greany is passionate about defending the rights of individuals charged with crimes and does everything he can to secure the best possible result for each of his clients.
To learn more, and to schedule a free consultation with Attorney Greany, call 858-531-6387 today. You can also connect with him through the firm’s online form.