The Drivers License Suspension Resulting From a DUI
The Driver’s License Suspension
When you are arrested for a DUI, specifically for being under the influence of alcohol (charged with a violation of California Vehicle Code Section 23152(b)), the police officer will usually take your drivers license from you and give you a pink temporary license. That temporary license automatically suspends 30 days from the date of your arrest. Once this happens, your best option is to hire an attorney to represent you both in court and against the DMV. Once you hire an attorney, your attorney should schedule a DMV hearing, and request a stay (or legal hold) on the automatic suspension pending the outcome of your DMV hearing. This is very important as this step allows you to avoid an automatic suspension that was initiated at the time you were arrested, and limits a suspension of your license to only take place if and when you lose your DMV hearing.
In the event that your license is suspended by the DMV, your license will be suspended for approximately 6 months (first DUI). The good news is that after your license is suspended for one month, then you can get a restricted license, which allows you to drive to and from work. An attorney can walk you through this process, but basically you must meet the following criteria:
1. 30 days of suspension must elapse.
2. Enroll in your alcohol class.
3. File an SR-22 Insurance Certificate with the DMV and
4. Pay the reinstatement fee with the DMV.
In a few counties in the state (Sacramento, Alameda, Los Angeles, and Tulare?), you may also be required to install an ignition interlock device in your vehicle in order to get a restricted license. If all this sound confusing, that is because it is. The are a lot of technical aspects to DUI’s and the accompanying license suspensions, which is why it is generally best to have a DUI attorney represent you. A good DUI attorney will be abel to ensure that you do not foul things up and that you get the best outcome under the circumstances. Further, a DUI attorney will be able to take much of the stress and anxiety out of the process by handing your case for you.
The Second DUI License Suspension
If you are charged with a second DUI within 10 years, the DMV will seek to suspend your drivers license for one year. OUCH! If you thought the suspension was no fun on your first DUI, this one is more than twice as bad. However there is hope. The first thing to do if you are facing a second DUI in the past 10 years is to contact a local DUI attorney (call us) immediately. You will definitely want to schedule a DMV hearing, but remember you only have 10 days to do it. If you do not win the DMV hearing then your license will be suspended for one year, however, if you get an ignition interlock device installed you may be eligible for a restricted license to driver to and from work after three months of hard suspension.
Third DUI License Suspension
If you are being charged with a third time DUI within 10 years, thanks to the newly added California Vehicle Code Section 3597, you now run the risk of losing your license for 10 years. If you are facing a third DUI you will definitely need to consult with a local DUI attorney as you are at risk of losing your license for a long time, and of going to jail. However, there is hope. VC 3597 not only allows judges to take your license for 10 years, but it also lays out some explicit factors that the judge should consider. A good DUI attorney will be able to fashion an argument that you should not lose your license for 10 years, that takes those factors into consideration. Moreover, section 3597 allows for the use of an ignition interlock device as a tool to allow someone who is convicted of a third DUI to drive under certain conditions. If you are facing a third DUI in you should call us immediately. (916) 277-8299