Driver’s License Suspension

The DUI Driver’s License Suspension

There are two ways for your license to be suspended. First, if you, or your Fullerton DUI lawyer, didn’t request a DMV hearing or loses the hearing, then the DMV issues “an APS suspension”. The second way is if you are convicted of a DUI in court. This included pleading guilty. The court must report this conviction to the DMV and the DMV then issues a “conviction suspension”.
The APS suspension and the conviction suspension are not the same length. Your Fullerton DUI lawyer should try to time the two suspensions so they run concurrently–so you really serve one suspension but get credit for two. However, arranging for the two suspensions to run concurrently can be tricky. Especially when the court doesn’t even start your case until long after the APS hearing is over.

First Offense

For a first-offense DUI where the driver is at least 21-years-old, the suspension after a DMV hearing is a four-month suspension. However, this can be reduced to a one-month suspension followed by a five-month period of “restricted” driving where you will be allowed to drive as long as it is “work-related”. If it is an alcohol only DUI, then you can drive right away if you install an Ignition Interlock Device  (“IID”) in your car. An IID is a breath-testing that requires alcohol free breath in order for your car to run. The IID restricted license allows you to avoid any suspension at all.
If this is a first-offense but it is a refusal, then the suspension is for one-year with no possibility of getting a restricted license. If the DUI resulted in injury to a person other than you, the driver, then the suspension will be for a period of one year with no possibility of getting a restricted license. If you were under 21 years old at the time of the DUI then the resulting suspension will be for a period of one year with no restriction allowed.

Second Offense

If you have a prior DUI conviction within the past 10 years then the suspension after the DMV hearing will be for a period of two years with a possibility of getting a restricted license after completing 12 months of an alcohol program. If the DUI was alcohol only, then you can get an IID restriction right away and avoid any actual suspension.  
If the second-offense DUI resulted in injury to someone other than you, the driver, then you face a three-year license revocation after losing the DMV hearing. However, you may be eligible for a restricted license after one year if you have completed 12 months of an alcohol program and you have an IID installed in your vehicle.
If you refused the alcohol test and you have one prior conviction then you face a two-year license revocation with no possibility of getting a restricted license.

Third Offense

If you have two prior DUI convictions within the past 10 years then the suspension after a DMV hearing loss will be for a period of three years with a possibility of getting a restricted license after completing 12 months of an alcohol program. If no drugs were involved, you can get an IID restricted license right away.
If the third-offense DUI resulted in injury to someone other than you, the driver, then you face a five-year license revocation if you lose the DMV hearing. However, you may be eligible for a restricted license after one year if you have completed 12 months of an alcohol program and you have an IID installed in your vehicle.
If you refused the blood test and the breath test and you have one prior conviction then you face a three-year license revocation with no possibility of getting a restricted license.

Getting Your License Back

Before the DMV will reinstate your full driving privileges you must do the following:
  • Pay the DMV a $125.00 reissue fee;
  • Provide the DMV with proof of insurance for the next three years. This is dui license suspensiondone through your insurance company by a form called an SR-22, which you must pay your insurance company for; and
  • COMPLETE the required Driving Under the Influence Alcohol program. The length of the alcohol program will depend on whether you have prior convictions and what your blood-alcohol was.

Free Telephonic Consultation With A Fullerton DUI Lawyer

Call The Law Office of EJ Stopyro today for a free and confidential consultation with an experienced Fullerton DUI lawyer. Mr. Stopyro will be happy to explain the charges you face as well as how to get a restricted license as soon as possible. Mr. Stopyro can be reached at (949) 278-6353.