License Suspension for DUI
Driver's License Suspension & Revocation
In California, the instant you are arrested under suspicion of DUI, law
enforcement will confiscate your license and give you a temporary one.
This temporary license will be good for 30 days. At the end of these 30
days, if you have not petitioned for a DMV hearing and gotten your license
restored, then this permit will expire and you will not be able to drive.
In the event that you are arrested and then not charged for drunk driving,
law enforcement will give you your license back without you having to
pay a reinstatement fee. California law can be complex when it comes to
driver's license suspension.
To learn what effect your DUI can have on your driving privileges,
call an Orange County DUI lawyer at the firm as soon as possible.
DMV Hearings in Orange County, CA
If you are arrested for DUI, you will be issued a temporary license and
a notice of license suspension. This notice will include the details of
DMV hearing, which is an administrative hearing—not a criminal hearing. At this
hearing, you can make your case that the arrest and ensuing license suspension
was not justified and you deserve to keep your license.
You have 10 days to request this hearing or your license will be permanently
The length of your license suspension will depend on the circumstances
of your arrest:
For those over the age of 21, a first-time DUI will warrant a suspension
A second DUI offense within 10 years' will warrant a suspension of
Any underage individual arrested for DUI with a 0.01% BAC will have a
1 year suspension.
License Suspension for Refusing a Chemical Test
Refusing a chemical test (breath, blood or urine) after a lawful arrest
will result in an automatic license suspension. This can be contested
at a DMV hearing.
The penalties for refusing a chemical test are as follows:
First Time Refusal: 1 year license suspension
Second Time Refusal (within 10 years): 2 year revocation
Third or Subsequent Refusal (within 10 years): 3 year revocation
The suspension periods are the same for those under the age of 21 who refused
a chemical test. Automatic license suspension is the penalty for refusing
a chemical test because of California's implied consent laws. This
law states that anyone with a valid driver's license is believed to
have implicitly given their consent to this type of testing after a lawful arrest.
Skilled Representation from an Orange County DUI Attorney
In California, the DMV hearing and the administrative license revocation
(ALR) is different than any court-imposed DUI penalties. The license aspect
of your DUI arrest is dealt with via civil hearings, rather than criminal
ones. Should you request a DMV hearing to dispute your license suspension,
this is different than your criminal DUI hearing. A criminal sentencing
can also impose fines and jail time, while an administrative hearing cannot.
If you would like to learn more about license suspension as a penalty for
DUI convictions, please do not hesitate to get in touch with Gold &
Witham. Our firm has 40+ years' experience and can fight to see that
your license isn't suspended wrongfully.
Consultations are free, so call now!