Driver’s license suspension in California when arrested for a DUI

Driver’s license suspension in California when arrested for a DUI

Driver’s license suspension in California when arrested for a DUI

If your driver’s license is suspended in California it means that you have temporarily lost your privilege to operate a motor vehicle and one of the reasons this could happen is if you were driving under the influence, also known as DUI.

In the state of California, the Admin Per Se, APS, program was implemented in 1990 and it allows a police officer to immediately confiscate your license if you are pulled over for a DUI. This can happen if: your blood alcohol content (BAC) is 0.08% or more while driving a non-commercial vehicle; your BAC is 0.04% or more while driving a commercial vehicle; your BAC is 0.01% or more while you are under 21 years old and driving; or if you refuse to take the chemical breath or blood test after you have been arrested.

In any of the cases explained above the police can confiscate your license and issue you a temporary one for 30 days.

How long can your license be suspended in the case of DUI?

The length of the suspension you will receive if you were arrested in California for a DUI will depend on whether you refused to take a chemical test of your breath, blood or urine and also if you have been convicted before for a DUI in the past 10 years.

If this is your first DUI in California and your BAC was 0.08% or more you will face a 4-month administrative suspension and a 6-month suspension imposed by the court.

However, if your license has been suspended in the past and you were still on probation, then the license will be revoked for 2 years.

If you are under 21 and arrested for a DUI and your BAC is 0.01% or more then your license will be suspended immediately for a year.

In the case that you did not complete or if you refused to take a breath, blood or urine test your license will also be suspended for a year.

If one of the passengers of the vehicle you were driving, a pedestrian or someone in another vehicle was injured as a result of being under the influence of alcohol, your license will be suspended for a year too.

Second, third and fourth offenses in California

If this is your second DUI offense within 10 years of the first one you will lose your license for two years and will also receive a 12-month administrative suspension for having a BAC 0.08% or higher.

In the case of a third DUI within a 10-year period will suspend your license for three years, and if it’s your fourth offense then your license will be revoked and you will need to apply for a new one if you wish to drive again.

It is important for you to know that in addition to the confiscation of your driver’s license you may face additional suspension from the court, such as a suspension of your license for several months and you might need to prove that you have completed successfully a driving under the influence program required by the court, as well as being financially responsible by obtaining an SR-22 from your auto insurer.

Obtaining a restricted license

A restricted license will let you drive to and from work, school or to DUI classes after your license has been suspended for a certain amount of time. However, if you refused to take a test after being pulled over, you will not be able to request a restricted license.

If it was your first DUI you will need to enroll in DUI classes or other programs the court may have imposed, obtain an SR-22 and pay a $125 reissuance fee. In addition, your 30-day temporary license must have expired before you can apply for a restricted license. Finally, if your BAC was at least 0.17% you will be required to install an ignition interlock system on your car as a condition.

If this is your second DUI within 10 years you may apply for a restricted license after 90 days, also prove that you are in DUI classes or other programs imposed by the court, obtained an SR-22, paid a $125 reissuance fee, installed an ignition interlock system and will have restricted privileges for driving for a 12-month period. 

In the case of a third DUI, you can only request a restricted license after completing a 12-month alcohol treatment program. Also, you will need to present an SR-22, pay a $125 fee and install an ignition interlock system.

We recommend you seek advice from a criminal lawyer in California in the case you were arrested for a DUI. After you receive the order of suspension or revocation of your license you only have ten days to schedule a hearing with the Department of Motor Vehicles, DMV, to contest the decision to automatically suspend your license and an attorney will be able to help you.

Contact us at Kannan Law if you have received a DUI and let us assist you. Our goal is to minimize your license suspension and be your legal support through this process.