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DUI arrest to contact the DMV and prevent the suspension of your driver's license.
DMV Penalties
DMV PENALTIES
The DMV administrative penalties are independent of any criminal penalties imposed by the court for a driving under the influence (DUI) conviction. In this regard, the license of a driver arrested for DUI may be suspended or revoked following an Administrative Per Se Hearing (DMV Hearing) and/or based upon a DUI conviction in court. The following suspensions or revocations run concurrent (not independent) of each other:
First Offense (within 10 years):
v .08% BAC or greater: 4-month suspension
v Refusal: 1-year suspension
v DUI Conviction in Court: 6 or 10 month suspension
Second Offense (within 10 years):
v .08% BAC or greater: 1-year suspension
v Refusal: 2-year revocation
v DUI Conviction in Court: 2-year suspension
Third Offense (within 10 years):
v .08% BAC or greater: 1-year suspension
v Refusal: 3-year revocation
v DUI Conviction in Court: 3-year revocation
Fourth Offense (within 10 years)
v .08% BAC or greater: 1-year suspension
v Refusal: 4-year revocation
v DUI Conviction in Court: 4-year revocation
Refusal:
California law mandates that anyone lawfully arrested for DUI has given "implied consent" to chemical testing of his or her blood, breath, or urine. The individual must be provided with the option of taking a breath or blood test if suspected of alcohol consumption and a blood or urine test if suspected of drug use. The individual must also be advised of the various consequences and penalties for refusing to submit to chemical testing. It is deemed to be a "refusal" if the individual fails to submit to or complete the required chemical testing. As discussed above, "refusals" carry more severe driver's license suspensions and revocations.
Under 21:
California has a "zero tolerance law" which requires a 1-year suspension if the driver is under 21-years-old at the time of arrest and has a BAC of .01% or more or refuses/fails to complete an alcohol screening test. If the driver's license is suspended, the underage driver may apply for a restricted license if he or she can demonstrate a critical need to drive.
Commercial Driver's License:
A commercial driver arrested for DUI in a noncommercial vehicle (with no prior DUI convictions or APS actions) may downgrade to a noncommercial license and apply for a restricted license. If the commercial driver is operating a commercial vehicle at the time of the DUI arrest, the APS BAC limit is reduced to .04%. If convicted in court for a first offense DUI, the DMV will enact a 1-year suspension of the commercial driver's license. The DMV will permanently revoke the commercial driver's license for a second or subsequent DUI conviction in court.
DUI Probation:
For any driver who is on probation for a prior DUI offense, the DMV is required to suspend the driving privilege for 1-year if the driver has a BAC of .01% or more or refuses or fails to complete an alcohol screening test.
RESTRICTED DRIVER'S LICENSE
A driver who completed a chemical test may be eligible to obtain a restricted driver’s license to drive to and from work, within the scope and course of work, and to and from an approved alcohol program. A driver who refused a chemical test is not afforded the opportunity to obtain a restricted driver's license. In order to obtain a restricted driver’s license, the DMV must be provided with the following: 1) proof of enrollment in an approved alcohol program; 2) formal proof of insurance/financial responsibility by filing an SR-22 California Insurance Proof Certificate; 3) proof of installation of an Ignition Interlock Device (for Los Angeles County convictions only); and 4) pay a $125 re-issue fee.
A driver who completed a chemical test on a first offense DUI may not apply for a restricted driver's license until the completion of a thirty (30) day suspension. A driver with a prior DUI conviction or an APS suspension within the past 10 years may not obtain a restricted driver's license until the completion of a one (1) year suspension.
Second-time DUI offenders whose violation involved alcohol (not drugs) may have their driver's license reinstated and regain full driving privileges after a 90-day suspension, the installation of an Ignition Interlock Device, and proof of enrollment in an alcohol program.
Third-time DUI offenders whose violation involved alcohol (not drugs) may have their driver's license reinstated and regain full driving privileges after a 6-month revocation, the installation of an Ignition Interlock Device, and proof of enrollment in an 18- or 30-month alcohol program.
IGNITION INTERLOCK DEVICE
An Ignition Interlock Device (IID) is a small device that is wired to a vehicle's ignition and requires a breath sample from the driver before the engine will start. If the device detects alcohol on the breath, the engine will not start. While driving, breath samples must be provided periodically to ensure the continued absence of alcohol.
Since July 1, 2010, all individuals convicted of driving under the influence (DUI) in Los Angeles County must install a certified IID on all vehicles that they own or operate before the DMV can reinstate, reissue, or restrict the driver's license. An IID must be installed for a term of 5 months for a first offense DUI conviction, 12 months for a second offense, 24 months for a third offense, and 36 months for a fourth offense or any subsequent violation. An individual convicted of a first offense DUI will obtain unlimited driving privileges during the 5 months that the IID is installed.
Although the DMV penalties and consequences following a DUI arrest can be substantial, a driver can successfully fight to have the APS action set aside and to prevent a driver's license suspension or revocation at the DMV Hearing. For a free and confidential consultation concerning your case and the potential DMV penalties you face, contact the Law Offices of John H. Sommers.
(888) 795-8880 The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, nor does receipt or viewing constitute, an attorney-client relationship. DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer, DUI Attorney, DUI Arrest, Los Angeles DUI Arrest, Los Angeles County DUI, Orange County DUI Attorney, DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer, DUI Attorney, DUI Arrest, Los Angeles DUI Arrest, Los Angeles County DUI, Orange County DUI Attorney, DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer , Driving Under the Influence, Sommers, Legal Defense, Law Help, Free Legal Advice, DUI Advice, DUI Consultation, DUI Information, LA DUI Attorney, LA DUI Defense Lawyer, DUI DMV, DUI and Driver's License, Blood Alcohol Concentration, Alcohol and Driving
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