DUI Blog

How Long is My DUI License Suspension?

Posted by Robert Berglund | May 16, 2017 | 0 Comments

If you are convicted of Driving Under the Influence (DUI) your California driver's license will be suspended.  The length of suspension will be determined by a number of factors, including the number of prior offenses you have, whether or not the DUI involved injury, how high your blood alcohol content (BAC) was, whether you were under 21 years of age, and whether you refused to submit to a breath or blood test following arrest.  To make matters even more complicated, there are two separate actions that can be initiated against you following a DUI arrest: the DMV administrative action (APS) and the criminal charges filed in court.  Assuming that there are both an APS and court conviction, and you are 21 years of age or older, the suspension terms for the below offenses are as follows:

  • 1st time DUI offense (non injury) - 6 months total suspension period if BAC is less than .20.  In Los Angeles County, the Ignition Interlock Device (IID) must be installed before the license will be re-issued.  This can be after 30 days of the suspension period is served.  If the BAC is over .20, and you are ordered by the court to attend the 9 month alcohol program, the suspension period is 10 months, however you can still get the IID restricted license after the 30 day hard suspension.  Before DMV will re-issue your driver's license, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program.  The IID must be kept on for at least 5 months.  The IID allows you unlimited driving privileges, you are not restricted to driving to/from work, etc. only.  If your suspension period is 10 months you can convert your license to a regular non-IID restricted license after 5 months.  This will allow driving to/from work, during work, and to/from the alcohol program classes.  *Note that if the conviction is in San Bernardino, Riverside, or Orange counties an IID is not required.  After the 30 day hard suspension period, you may apply for the regular non-IID restricted license.  CONTACT our office to talk about your specific situation.  
  • 1st time DUI offense (with injury)- 1 year license suspension.  You are not eligible for a restricted driver's license during this time, even with installation of the IID.  It does not matter whether or not the DUI with injury conviction is a felony or a misdemeanor.
  • 1st time DUI offense - Refusal - Similar to the DUI with injury suspension, if you refused to submit to a breath or blood test following your DUI arrest your license will be suspended for 1 year.
  • 2nd time DUI offense (non injury) - 2 year license revocation.  If the DUI involves alcohol only, not drugs, you can obtain a restricted license after 90 days upon installation of the IID.  As with 1st time offenders, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program before DMV will re-issue your license.  You must keep the IID installed for a period of 12 months.  
  • 2nd time DUI offense (with injury) - 3 year license revocation.  You may apply for an IID restricted license after 12 months.  The same DMV requirements noted above apply here.
  • 2nd time DUI offense - Refusal - 2 year license revocation.  You are not eligible for a restricted license of any kind.    
  • 3rd time DUI offense (non injury) - 3 year license revocation.  If the DUI involves alcohol only, not drugs, you can obtain a restricted license after 6 months upon installation of the IID.  As with 1st and 2nd time offenders, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program before DMV will re-issue your license.  You must keep the IID installed for a period of 24 months.  
  • 3rd time DUI offense (with injury) - 5 year license revocation.  You may apply for an IID restricted license after 12 months.  The same DMV requirements (IID, SR-22, enrollment in alcohol program) apply here.
  • 3rd time DUI - Refusal - 3 year license suspension.  You are not eligible for a restricted license of any kind.  

Note that a number of circumstances can cause the length of the suspension period to vary, such as an APS suspension but no court conviction, a new DUI conviction while on DUI probation on a previous case, and whether drugs were involved.  Additionally, if this is 4th DUI offense the suspension period varies and, in some circumstances, could be revoked for 4 years or more.  Also, drivers under the age of 21 suffer much more serious consequences for DUI offenses. 

As you can see after reading the summary of suspensions above, the consequences become more severe as the number of prior offenses increases. CONTACT our office today to discuss the circumstances of your situation with DUI Lawyer Robert D. Berglund.  In situations involving alcohol with a BAC over .08, DMV will automatically suspend your license 10 days following your DUI arrest if you do not request a hearing and stay of the suspension.  Time is of the essence if you want to protect your privilege to legally drive. CONTACT us today for a free and confidential consultation.

About the Author

Robert Berglund

Attorney Robert D. Berglund specializes in representing persons arrested on suspicion of Driving Under the Influence of alcohol or marijuana...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

You Are Not Alone

Facing DUI charges is an unpleasant experience. We are here for our clients through every step of the process and will make sure that you receive the best representation possible. You will always be able to reach us when you have questions about your case. You can be assured that we will fight to obtain the best possible outcome.

Free Consultation

There is no charge for the DUI phone consultation. We want to hear everything that happened both before and after you were arrested. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.

Menu