Driver's License Issues in California DUI Cases
When it comes to a DUI, several different concerns apply in most cases. One of the biggest concerns is what will happen to your driver's license. Usually, this is controlled by the Department of Motor Vehicles. In other words, they have command of the right, and the court knows what has to your record and what happens to you, punishment-wise.
That's dictated to a degree by the police and the prosecutors—how the police write the police report and how the prosecutors view things.
There are occasions where prosecutors and judges will get involved with somebody's driver's license. In other words, they might make it part of the terms and conditions of probation that a person gets their license suspended for some time, but I rarely see that.
Usually, they need the authority to do that. If they started messing around with people's licenses, they would be usurping the power of the DMV, and then there would be a lot of confusion related to that.
Usually, in a DUI case, the DMV will hold an Administrative Hearing to decide whether to suspend a driver's license and for how long.
Much of this is dictated by statute, depending on what a person was convicted for. For example, if it's a first-time DUI, usually you're going to lose your license for six months. See CALCRIM 2110 Jury Instructions – Driving Under the Influence and CALCRIM 2111 Jury Instructions – Driving With 0.08 Percent Blood Alcohol.
Remember, you're not alone in this. You can get a restricted license after thirty days of actual suspension as long as you comply with several conditions. Your DUI attorney will guide you through this process, providing the support and reassurance you need during this challenging time.
The suspension is much longer on a second offense. You'll probably lose your license for a year, but you will be able to get a restricted license after some time, again after you jump through some hoops with the DMV.
Remember, coordination is key. You should coordinate this with the Department of Motor Vehicles and your attorney. This level of coordination will ensure that you are fully informed and prepared for the steps ahead in your DUI case.
DUI Refusal and Loss of Driver's License
If you have a refused DUI, you lose your license for one year with no restricted license. These are the worst cases that I've seen and, usually, the worst punishment a person can receive in a DUI case because losing your request for a year in Los Angeles is a massive problem because of how difficult it is to get around and how things can be so far away. Without a driver's license, it creates a significant burden on you, both financially and practically.
So, when it comes to licensing revocations, that's usually when someone is getting a third or fourth-time DUI. The DMV sees it, and a lot of times, they'll revoke someone's license for two, three, or even four years, depending on what their criminal record looks like, depending on how many points they have on their history, and depending on what they end up pleading guilty or no contest to.
In addition to an Administrative Hearing, you can lose your license or have your license suspended related to a DUI case if you plead guilty in court. I've had instances where we beat the DMV. The DMV sets the driver's license suspension, but then you run into a problem.
Pleading Guilty to Driving Under the Influence
Suppose you end up pleading guilty to a charge that affects your driver's license — for example, a DUI — that will automatically be transmitted to the court. Then, you're usually going to end up with a driver's license suspension. Not based on an Administrative Hearing by the DMV but based on a conviction in a criminal court.
This is a complex area of the law that requires proactive measures. By taking the initiative to visit the DMV and gather the necessary documentation, you can avoid the worst punishments. This sense of control and empowerment is crucial in navigating the legal complexities of a DUI case.
Whether it's an SR22 proof of insurance, whether you have to pay a certain amount of money, or whether you have to wait a certain period, these things need to stay on top so you don't end up with the worst punishment.
I've seen people not realize that the DMV suspended their driver's license. Then they get pulled over by the police, arrested, and end up in criminal court, and now they're trying to argue that they did not have notice that their license was suspended.
It's crucial to avoid such situations by taking proactive steps. This includes hiring a competent DUI defense attorney and coordinating with them and the Department of Motor Vehicles. This comprehensive approach is key to achieving the best possible outcome in any driver's license issue related to a DUI.