Loss of Your California Driver's License in a DUI Case
One of the biggest concerns people should have if they're arrested for a DUI and potentially going to jail is the loss of their driver’s license.
We all need our driver's licenses, especially in California and in Los Angeles, where it's very crowded and you have to move around.
We talked a little bit about the loss of the driver's license. One good thing is that the DMV has recently, as I write this post in 2023, been attacked for its kangaroo court-like policies when it holds hearings.
So, as a defense bar, we did some damage to them, and we can really do some things and work some magic with your driver's license.
California law clearly states that you face specific mandatory penalties if convicted of DUI. The severity of the penalties will always depend on the circumstances of your case. You could have your license suspended or permanently revoked if convicted of DUI.
Losing your driver's license after a DUI conviction means you must retain an experienced DUI lawyer to avoid a conviction.
Specific rules depend on the number of DUIs—whether it's your first, second, third, or fourth. Still, we can often get you a restricted license under the proper circumstances so you'll be able to drive to and from work.
The worst thing you could do in a DUI is to refuse to take the test because if you do that, you'll lose your driver's license for a year, and you can't get it back, and they don't give restricted driver's licenses for that.
But beyond that, there are things that a good DUI defense attorney can do to help you. Let's review this topic further below.
California DMV Suspends Your Driver's License Within 30 Days
If you don't plead guilty to the charges during your arraignment, the California DMV will initially challenge your ability to keep your driver's license after you've been arrested for a DUI.
They will examine your charges 30 days after the date of arrest. Without intervention, the DMV will suspend your license.
This administrative suspension will last four months for a first DUI offense and run concurrently with any driver's license suspension you get due to a DUI conviction.
Remember, you have the power to challenge this automatic suspension. But act quickly-you have ten days from the date of arrest to request a hearing. This hearing, scheduled within about 30 days of your arrest, is your opportunity to present a defense against this process. Don't let this chance slip by.
If you do not contest it, your driver's license will be suspended even if you are later found not guilty in criminal proceedings.
When the hearing date arrives, you can have your attorney present, who will review all the evidence with the hearing officer. Your attorney's role is crucial in this process, as they can effectively challenge the DMV's decision. It's important to note, however, that this process is often seen as a formality rather than a fair hearing.
License Suspension After a DUI Conviction
For the first offense, you're usually going to lose it for a whole 30 days. Then, after that, you can get it back on a restricted base for five months if you install an ignition interlock device in your car, pay a fee, and agree to drive on a restricted base.
Even with these changes, there are still avenues we can explore to help you regain your license as quickly as possible. There's hope, and we're here to help you navigate these challenges.
On a second-time DUI, you're required to complete an 18-month alcohol program. This program is designed to educate and rehabilitate individuals with multiple DUI offenses. You'll also lose your driver's license for a year. But, again, sometimes we can get that restricted driver's license for you before the year ends.
Once you get your third and fourth DUI, you become a danger to the road. If the court or the DMV declares you a habitual traffic offender, it means they consider you a significant risk to public safety due to your repeated DUI offenses.
In that case, you can have your license revoked where you can't get it back for two, three, or four years, and if you were involved in an assault with a deadly weapon in a vehicle related to a DUI, you could lose your driver's license for life.
Your license will be suspended progressively longer for each DUI on your driving record. For California DUI penalties, all DUIs must occur within ten years of your first DUI arrest date.
The length of time you will have your license suspended will vary, as noted above, but will generally fall within the following:
- First offense: Six to nine months;
- Second offense: Up to two years;
- Third offense: Up to three years;
- Fourth offense: Up to four years.
Of note is that a fourth or greater offense could result in the court permanently revoking your license. Other factors that could increase your driver's license suspension include the following:
- Your DUI resulted in the injury or death of another person;
- Refusing a chemical test can add one to three years to your suspension;
- You were on DUI probation when arrested for a new DUI charge will add one year to your suspension.
The California DMV can permanently revoke your license for certain offenses, such as when your DUI resulted in a serious injury, your DUI resulted in a manslaughter charge, and when you are convicted of a DUI murder charge.
Fighting Your DUI Before You Lose Your Driver's License
This is really serious business. You want to get the best attorney possible. So, I have you come in, we meet, and we talk about everything, including your driver's license concerns.
We discuss the facts and details of your DUI case and then develop a specific plan just for you. Don't listen to people who answer the phone who don't have experience with DUIs.
When you call my office, you're not just talking to anyone. Whether it's me or one of my staff, you're speaking with someone who's dealt with DUIs for over 20 years. You're in good hands with someone who knows what they're talking about, unlike some other attorneys who might cite information that's irrelevant to your case.
People come in and say, "I talked to this attorney, and they told me this. " I say, "Wait a minute. That doesn't have anything to do with your case."
You just told me what happened in your case. That didn't happen in your case. They're just telling you all these feel-good stories, but if the feel-good story doesn't help you, then forget it. You'll not use it because it has nothing to do with you.
A lot of this is common sense. But you've come to the right place if you need the best. So pick up the phone now. Ask for a meeting with Ron Hedding. I stand at the ready to help you. The Hedding Law Firm is located in Los Angeles, CA.