One of the most notable penalties which accompany a DUI arrest is a license suspension. A license suspension is not only inconvenient, but can result in the interference of your livelihood. If you have been arrested for DUI it is imperative you contact the Parker Law Center to represent you to protect your driving privileges. Many people do not realize that the California Department of Motor Vehicles (DMV) is charged with the suspension of all licenses and that there are two license suspensions associated with a DUI.
Suspension Due to Criminal Conviction
Being convicted of a DUI in Court will result in the Court sending an abstract the DMV and the DMV suspending the person’s license for a 6 month period on a first offense and 2 year period on a second offense. On a first offense the licensee is eligible for a restricted license if he/she meets the following requirements: files an SR-22, enrolls in an alcohol program, and pays the reissue fee. A second DUI conviction will result in a one year hard license suspension with the eligibility for a restricted license the following year. The requirements for the restricted license are the same as above.
Suspension Due to DUI Arrest
Even if you are not convicted of a DUI in Court, the DMV can still suspend your license as an administrative action based solely on your arrest for driving with a blood alcohol content of 0.08% or higher, or refusal to submit to, or failure to complete, a chemical test. The administrative suspension is a result of either: 1) failure to request an APS hearing within 10 days of arrest, or 2) a negative outcome of an APS hearing. The license suspension period on a first DMV action is 4 months, with eligibility for a restricted license to drive to and from work, during the course of work, and to and from an alcohol program. After 30 days of no driving, licensee can apply for a restricted license if he/she provides proof of enrollment in a first offender AB-541 alcohol program, files an SR-22, and pays a reissue fee to the DMV. On a second DMV action within 10 years, the licensee will face a 1 year license suspension with no eligibility for a restricted license. A third DMV action within 10 years will result in a 2 year license suspension. Therefore, it is vital you contact the Parker Law Center as soon as possible after your arrest so the legal team can start preparing your defense.
Remember, as a condition of receiving a California driver’s license, drivers agree to submit to a blood or breath test if requested to by a peace officer. If a driver refuses to submit to that breath or blood test, then the driver’s license will be automatically suspended by the California Department of Motor Vehicles. Failure to submit to, or complete, a breath test will result in a 1 year license suspension on a first offense. If it was a second offense within 10 years, the license will be revoked for a 2 year period. In order to avoid the license suspension, you should hire the Parker Law Center to zealously protect your driving privileges.