DUI convictions have many consequences, including the potential for a license suspension. Learn more about how a DUI arrest can impact your ability to drive.
For many people, losing their driver’s license is one of the most difficult parts of a DUI arrest. In Southern California, particularly Orange County, driving is a necessity. But if you are arrested for a DUI, chances are good that you will lose your license for at least 30 days. The serious nature of this consequence makes it all the more important to have a skilled Orange County DUI attorney on your side.
Administrative Versus Criminal License Suspensions
When it comes to your driver’s license, there are two separate processes involved in a DUI arrest: an administrative procedure and a criminal case. Understanding the difference between the two processes can help you make a good decision about how to proceed with your case.
If you have been arrested for the first time with a blood alcohol content (BAC) of .08 or higher, the police will usually seize your California driver’s license and issue a temporary license, which is good for 30 days. You have 10 days to contest the imposition of the suspension with the DMV. Driving under the influence is a “per se” violation, which gives the DMV the authority to suspend your license if you do not request a hearing. We strongly recommend that you contact an experienced Orange County DUI attorney to discuss requesting a hearing with the DMV. If no hearing is requested, then the DMV may automatically suspend your driver’s license.
In addition to the administrative process, there is a separate criminal process. If you are convicted of or plead guilty to a DUI, then your license will be suspended for a period of time (which varies based on the offense). The judge will notify the DMV, which will then impose the suspension. If you are acquitted or if the charges are reduced, then your license will not be suspended by the court, but it may still be suspended by the DMV.
Contesting the administrative suspension does not have a direct effect on your criminal case; it only sets aside the administrative process. If you are found guilty of a DUI, the DMV will still suspend your license, even if you had the administrative suspension set aside. However, if you are acquitted of a DUI, you may be entitled to have the administrative suspension reversed. An experienced Orange County DUI Attorney can assist you with both the DMV administrative process and the criminal case.
Length of Suspension
The length of a driver’s license suspension depends largely on the offense involved and whether this was your first offense or not. The general guidelines for DUI license suspension are as follows:
- Conviction on a first-time offense: if you are convicted of DUI, you will be facing a suspension of 6 months.
- Conviction on a second-time offense: if you have been convicted of a prior DUI offense in the past 10 years, your license will be suspended for two years.
- Conviction on a third-time offense: if you have been convicted of two prior DUI offenses in the past 10 years, your license will be suspended for three years.
- Conviction on a fourth-time offense: if you have been convicted of three prior DUI offenses in the past 10 years, your license will be revoked.
Driving with a Suspended License
If your license is suspended for any length of time, DO NOT DRIVE. If you are caught driving when your license has been suspended, you will be charged with the additional crime of driving on a suspended license. This crime carries additional penalties, including mandatory jail time.
Whether it’s your first offense or your fourth, if you have been charged with a DUI, you will need an experienced Orange County DUI attorney to help protect your legal rights. A lawyer can contest the administrative suspension, gathering important evidence about the strengths or weaknesses of the state’s case in the process, and can represent you in the criminal case as well. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you’ve been charged with a DUI.
