A person’s driving license can be suspended for a number of different reasons including a DUI arrest or conviction, for having too many points, for having a medical condition which impairs driving ability, for failing to appear in court, etc.  

LICENSE SUSPENSION AS A RESULT OF A DUI ARREST (AGE 21 OR OLDER)

A.)  First DUI Offense

          If you were 21 or older when arrested for a DUI, it is your first offense and your blood alcohol level is .08% or greater, DMV will seek to suspend your license up to four months.  If it is alleged that you refused to voluntarily submit to a chemical test, the suspension period for a first offense is one year.  When the officer arrests you for a DUI, he will issue you a temporary license that is valid for thirty days.  If you wish to fight the suspension of your license you must request a DMV hearing within ten days of the date of your arrest.  Requesting a DMV hearing does two things: first, it allows you and your attorney to try and prevent your license from being suspended, second, it forces DMV to stay the suspension of your license until the outcome of your hearing which is approximately two months after your arrest date.  If you do not contact DMV within ten days of your arrest date, the DMV will automatically suspend your license after your 30 day temporary license has expired.

B.)  Second or Third DUI Offense within Ten Years

          For a second DUI offense within ten years where your blood alcohol level is .08% or greater, DMV will seek to impose a one year suspension.  If it is alleged that you refused to voluntarily submit to a chemical test the suspension period for a second offense within ten years is two years. For a third DUI offense within ten years a two year license revocation is imposed.  (The prior conviction window period used to be seven years.  Effective January 1, 2005, the prior conviction window period was expanded to ten years for any DUI which occurred on or after January 1, 2005.)    

LICENSE SUSPENSION AS A RESULT OF A DUI ARREST (UNDER AGE 21)

          If you were under 21 when arrested for a DUI and it is your first offense, you are subject to the zero tolerance law.  Driving with a blood alcohol level of .01% or greater, will subject you to a one year license suspension.  When the officer arrests you for a DUI, he will issue you a temporary license that is valid for thirty days.  If you wish to fight the suspension of your license you must request a DMV hearing within ten days of the date of your arrest.  Requesting a DMV hearing does two things: first, it allows you and your attorney to try and prevent your license from being suspended, second, it forces DMV to stay the suspension of your license until the outcome of your hearing which is approximately two months after your arrest date.  If you do not contact DMV within ten days of your arrest date, the DMV will automatically suspend your license after your 30 day temporary license has expired.  In addition to fighting your suspension at a DMV hearing, a “critical need” hardship application can be submitted to apply for a restricted license.

LICENSE SUSPENSION AS A RESULT OF HAVING TOO MANY POINTS

          Being arrested for a DUI triggers a potential license suspension for driving above the legal limit.   Being convicted of a DUI can cause you to loose your license for having too many points.  A misdemeanor DUI conviction for a violation of Vehicle Code section 23152 constitutes two points on your DMV driving record.  The DMV will presume that you are a negligent operator and issue a suspension notice if you obtain four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months.  When you receive this notice, you will typically be given ten days in which to request a hearing to fight the suspension.  The Law Offices has conducted a number of these hearings and has been successful in preventing clients’ licenses from being suspended even when they have exceeded the point counts set forth above.*
          Most moving violations such as speeding, running a stop sign or red light, etc., are infractions which constitute one point on your DMV record. The following violations constitute two points on your DMV record: DUI (Veh. Code § 23152), hit and run (Veh. Code § 2001/2002), reckless driving (Veh. Code § 23103), driving over 100 mph (Veh. Code § 22348(b)), evading the police (Veh. Code § 2800.2/2800.3), exhibition of speed (Veh. Code § 23109), driving on a suspended license (Veh. Code § 14601/14601.1/14601.2/14601.3/14601.5), and violations of Vehicle Code section 23140. (If you are a commercial driver or someone holding a class A or B license, different rules than those set forth above apply and you should consult the Law Offices.)

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* This does not guarantee, warranty, or predict the outcome of your case.