DMV License Suspension

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License Suspension-

The California DMV suspends driver’s licenses in relation to DUI cases at two separate points. They suspend based on a conviction in court for a DUI. They also suspend based if you lose the DMV Administrative Per Se Hearing.  This is a commonly misunderstood by the general public. With the exception of a third DUI, the Court is not going to suspend your driver’s license, the DMV does that.

Once an individual is convicted in court of a DUI, the court will forward this information electronically to the DMV. Once the DMV receives this information, they suspend the individual’s driver’s license.

On a first offense DUI conviction, the DMV will suspend the license for 6 months. The driver is eligible for a restricted license after one month.

On a second offense conviction, the DMV will suspend the license for 2 years. The driver is eligible for a restricted after 90 days.

On a third offense, the DMV will suspend for 3 years. The driver is eligible for a restricted license after 6 months. As stated earlier, there is a special exception for 3^rd DUI cases in regards to the court’s ability to suspend. A recent law has allowed the court to suspend an individual’s driver’s license for up to 10 years on a 3^rd offense DUI conviction. The need for a quality DUI Attorney on a 3^rd offense cannot be over-emphasized.

The question many people have at this point is how does one obtain a restricted license. There are generally four steps that need to be taken in order to obtain a restricted license.

First, the applicable time period one is required to wait must have passed. For example, on a first offense DUI conviction, the driver must wait the first 30 days of the suspension to obtain a restricted license.

Second, the driver must have obtained SR-22 auto insurance, and it must be on file with the California DMV. The insurance company is supposed to electronically forward this information to the DMV when it is purchased.

Third, the driver must enroll in whatever Alcohol Education Program is required and this enrollment must be on file with the DMV. So, with the first offense DUI hypothetical above, assuming there is no High Blood Alcohol enhancement, the driver would be required to be enrolled in a 3 month DUI school.

Fourth, the driver must physically go to the DMV, any branch should be able to accommodate him/her, and request their restricted license and pay the re-issue fee, which is around $125.

If you have been convicted if either a second or third DUI, you also have to have an Ignition Interlock Device (IID) installed in the vehicle in order to obtain a restrict license.

For a first offender, the restricted license allows you to drive:

— To, from and during work; and

— To and from the DUI school

If you are a multiple offender and you are required to obtain an Ignition Interlock Device in your vehicle before receiving the restricted license, the above does not apply to you.  If you have the IID in your vehicle, the restriction is based on the IID. In other words, you can drive wherever you want, as long as the vehicle is equipped with a fully functioning IID.  First offenders are not eligible to obtain an IID, at least those convicted in El Dorado County, even if they wanted one.

For more information on how to handle the potential DMV suspension of your driver’s license and the least painful route to take, contact El Dorado County DUI Attorney Michael Rehm for a free, confidential consultation at (530) 410-6474

Out of County DUI Resources:

Santa Cruz DUI Attorney