Driving under the influence of any alcoholic beverage can put many people at risk. It's a dangerous activity that may lead to fatal consequences.
Most states, including California, have strict rules when it comes to people who engage in drunk driving. One of the most common consequences of a DUI offense is a license suspension. Depending on the case, the length of the suspension can vary.
It may be possible for those with a DUI arrest to dispute their charges. However, they should first understand what the driver's license suspension entails. Goss Law can also answer questions like how often are dui charges reduced in CA?
How long is your license suspended for DUI in CA? This page covers all the information people should know.
How Do License Suspensions Work in California?
Getting charged with a DUI in California will result in the loss of driving privileges. On average, those with a first-time DUI conviction will get their license suspended for six months. In some cases, the person may still drive after installing an "Ignition Interlock Device" in their vehicle.
What if it isn't the first offense? Here's an overview of how DUI charges affect the suspension time:
Second offense in 10 years - two-year suspension
Third offense in 10 years - three-year suspension
If the person's BAC is .15% or higher, a judge can impose an even longer suspension.
There are two kinds of license suspensions for those with a California DUI conviction. Below is an overview of each one:
Court-triggered License Suspension
Driving under the influence for the first time will result in a six-month suspension, according to the Vehicle Code 13352(a)(1). In this case, however, the judge isn't responsible for imposing the suspension. They will notify the California DMV, which will move on with the driver's license suspension.
People who can reduce their charges to reckless driving or another offense will not get a court-triggered license suspension.
Also, if the case goes to trial but ends in a mistrial, acquittal, or hung jury, there won't be a court-triggered suspension either.
During this period, the DMV may still let the person drive if they install an IID in their car.
DMV-triggered License Suspension
Some drivers can attend a DMV hearing, which is an administrative proceeding that doesn't have anything to do with the criminal case. People who don't request a hearing (or lose it) will get a four-month suspension for a first-time offense.
Those with an IID may still drive.
People have 10 days from their arrest to request a DMV hearing. Once they do, there will be a temporary stay put on the suspension. If they don't request the hearing in time, their four-month suspension will start 31 days after the arrest date.
Drivers won't get an administrative suspension of their California driver's license if their BAC is less than .08%. Even if this is the case, the person can be convicted in a criminal court for driving under the influence.
Compared to court cases, DMV hearings are harder to win. This is because there's a lower burden of proof. Drivers will have a better time during their case if they hire an experienced DUI attorney in Sacramento CA to discuss their DUI charge.
If the driver loses both their criminal case and DMV hearing, they'll have to serve the suspensions concurrently. This means that the license will be suspended for six months in total.
What's the Difference Between DMV and Court Cases?
DMV hearings and criminal court proceedings are independent of each other, but are there any other differences? Below is a breakdown of them:
A DMV hearing will only discuss the person's driving privileges. Court cases, on the other hand, could result in jail time or fines, among other penalties.
People don't need to have a DMV hearing. Even if they do, they don't need to have an attorney present there. In a criminal court, either the driver or their lawyer must be present at all hearings.
If the person loses their DMV hearing but gets their criminal charges dismissed due to lack of evidence, they can request a new hearing one year after their arrest date.
A victory or loss in a DMV hearing doesn't affect criminal court proceedings directly. However, if a driver is found "not guilty" of a DUI in a criminal court, the DMV could lift their suspension.
The California DMV may still suspend a person's license if their criminal charge is reduced to reckless driving or other similar offenses.
What Is a Restricted License?
Some drivers may request a restricted license to use during their suspension. In California, people can get two types of restrictions:
Restricted License
The restricted license allows people to drive to and from work or school. It also allows them to go to the California DUI school. Depending on the type of suspension the person has, they may have to wait 30 days to get their restricted license. If they got an administrative suspension, they may not have to wait.
However, those who refuse to take a chemical breath or blood test after getting arrested will get a one-year suspension without the possibility of getting a restricted license. Also, the person will have to get SR-22 insurance certifications to reinstate their license after the suspension period ends.
IID Restricted License
As mentioned above, this is an "Ignition Interlock Device." In a nutshell, it's a breathalyzer that prevents a person from starting their car if it detects that they've been drinking.
Usually, the DMV may allow a person to keep driving anywhere during their suspension if they agree to get one of these devices installed.
Those who want an IID license must:
Pay some fees
File an SR-22
Complete DUI school
Conclusion
While getting a license suspension is devastating for some people, there are some solutions worth considering. Getting the help of a professional attorney can help drivers dispute their DUI charges, ensuring they have the best shot at getting them reduced.
The team at Goss Law is willing to help those in Sacramento, California, who are building a case. Those who are interested in learning more can schedule a free consultation today.
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