Drunk driving and drug-impaired driving are serious concerns in the United States. DUIs account for 10% of all arrests across the country. In 2021, approximately 32% of fatal traffic accidents in California were linked to drivers under the influence of alcohol, drugs, or a combination of both. That is why California imposes harsh penalties for those caught driving under the influence of alcohol or drugs. If you have recently been arrested for DUI first offense, you might be unsure about what happens afterward. One of the penalties is California’s Department of Motor Vehicles suspending your driver’s license.
If your driver’s license has been suspended after your first DUI offense, we at the San Diego DUI Attorney can use our legal expertise to help you regain your driving privileges quickly. If you want to discuss your case with an experienced DUI attorney, do not hesitate to call us anytime to speak to one of our DUI attorneys.
First DUI Offense Under California DUI Laws
A first DUI offense occurs when someone is caught driving under the influence for the first time. Typically, most DUI offenses are classified as misdemeanors. However, in severe situations, such as a DUI involving an accident, a first offense could be charged as a felony.
For drivers under 21, California enforces strict “zero-tolerance” laws, making it illegal for them to have a blood alcohol concentration (BAC) of .01% or more.
In contrast, adult drivers are subject to DUI laws outlined in Vehicle Code section 23152. According to Vehicle Code section 23152(a), it is illegal to drive under the influence of alcohol or drugs. Vehicle Code section 23152(b) states that driving with a BAC of .08% or higher is illegal. You will likely face charges under both sections if caught driving with a BAC over 0.04% or higher for commercial vehicles or 0.08% or higher for non-commercial vehicles.
DMV License Suspensions
In California, driving is considered a privilege, and once it is granted, many individuals feel they cannot survive without it. However, the Department of Motor Vehicles (DMV), a state agency, has the jurisdiction to revoke or suspend a driver’s privilege if they are found to have violated specific provisions of the Vehicle or Penal Code.
A suspension by the DMV is an immediate administrative decision that can affect your driving rights. Any penalties the DMV enforces under the Administrative Per Se (APS) differ from jail sentences, fines, or criminal penalties that a court may impose for a DUI conviction.
The Department of Motor Vehicles (DMV) can suspend the driving privileges of anyone arrested for DUI involving alcohol or a combination of alcohol and drugs if they:
- Take a chemical test (blood or breath) that indicates a blood alcohol concentration (BAC) of 0.08% or higher while operating a noncommercial vehicle, 0.04% while driving a commercial vehicle, or 0.01% while on DUI probation, OR
- Refuse to take or do not complete a chemical test (blood or breath) to check their BAC level.
If you are 21 or older and have taken a chemical or urine test that shows a BAC of 0.08% or higher, and this is your first DUI arrest, you will face a 4-month suspension of your driver’s license.
When you are arrested, the officer will take your license and give you an Order of Suspension and a Temporary License. You can drive for 30 days from the date of the suspension order as long as you have a valid California driver’s license that is not expired and your driving privileges are not suspended or revoked for any other reason. After those 30 days, your 4-month suspension will begin.
After your arrest, you will have ten days to request a hearing from the DMV when arrested for DUI. If you do not submit your hearing request within those ten days, your license will be automatically suspended. The likelihood of winning at a DMV hearing is generally low, so hiring an attorney who understands the legal process is advisable. If you win the hearing, your license will not be suspended; if you lose, it will be suspended for four months.
Your license may be suspended if DMV officials can demonstrate that:
- The arresting officer had a valid reason to stop your vehicle.
- The officer lawfully arrested you.
- Your blood alcohol content (BAC) was at or above the legal limit set by California law.
- You were on DUI probation and had a BAC of 0.01.
- You refused to take a BAC test, a serious offense that can lead to severe penalties, including a one-year license revocation and the inability to obtain a restricted license for 12 months. After the suspension period ends, you will need to file an SR22.
The DMV Hearing
If you are arrested for a DUI in California, the DMV will suspend your license unless you take action. You must request a hearing within 10 days of receiving the notice or within 14 days if the notice was sent by mail. Once your APS hearing is set, it will occur in front of a Driver Safety (DS) Hearing Officer at a regional Department of Motor Vehicles office.
The administrative hearing allows you to present relevant evidence or testimony regarding any actions taken or intended against your driving privileges by the DMV. If you miss this deadline, you will lose your right to a hearing.
During the hearing, you are entitled to:
- Have an attorney or representative at your own cost.
- Testify on your behalf.
- Examine the evidence and question any DMV witnesses.
- Subpoena witnesses and/or documents.
- Question opposing witnesses.
- Receive a fair evaluation of the facts from an unbiased individual.
- Present evidence supporting your case.
- Seek a department review or judicial appeal if the decision is unfavorable.
If you are found guilty of DUI (Vehicle Code 23152), the Department of Motor Vehicles (DMV) will revoke your driving privileges for either 6 or 10 months. You might face fines, penalties, and additional restrictions along with the suspension. The suspension from your conviction may overlap with the APS suspension that the DMV imposes when you are arrested. If your blood alcohol concentration (BAC) exceeds 0.20%, the court may mandate a 10-month suspension of your driving privileges, and you will need to complete a 9-month DUI program.
Reinstating Your License After a DMV Suspension
To reinstate your suspended California driving license, especially after a DUI suspension, you need to follow the following steps:
- Complete the suspension period—Ensure you have served the entire duration of your license suspension. For example, if your suspension lasted one year, you must wait a full year before reinstating your license.
- Serve your jail time—You cannot reinstate your license until you have fully completed your jail sentence. If the court has assigned you to an alternative program, like work furlough, ensure you have documentation proving that your sentence is finished.
- Finish DUI School—If your license was suspended due to a DUI, you must attend a state-approved DUI school for a designated period. You cannot reinstate your license until you have completed this requirement. You must provide a Notice of Completion as proof of your attendance.
- Fulfill other sentencing requirements—Some DUI sentences may include mandatory drug or alcohol treatment programs. You may be required to attend rehab or other programs to prevent future offenses. To reinstate your license, you must show that you have completed all sentencing conditions supported by valid documentation.
- Acquire the appropriate car insurance—Before you can reinstate or apply for a new license, you must secure insurance for your vehicle. This time, you will need a specific type of insurance and an SR 22 form to prove you have it. There are alternative forms to the SR 22, but they may not be suitable for many DUI offenders.
- Apply for reinstatement—Once you have fulfilled all the requirements, you can go to your local DMV office to apply for reinstatement. To be eligible, you must provide all documentation showing that you have completed the required steps as mandated by law.
The Costs of a California DUI
Those attending their first DMV DUI hearing may be surprised by a California DUI’s financial and other costs. A skilled DUI defense attorney can assist you in challenging your DUI charge or at least help reduce the penalties and repercussions.
A first DUI conviction can end up costing you between $10,000 and $25,000 or even more, depending on your specific circumstances. If there are aggravating factors involved, the costs can increase substantially. These aggravating factors can include:
- Significant property damage
- A very high blood alcohol concentration (BAC)
- Injuries to others
- Serious traffic violations like speeding or reckless driving
- Prior offenses within the last 10 years
The high costs associated with DUIs are intentional, as state governments, including California, aim to discourage drinking and driving. The human toll is severe, with numerous fatalities occurring daily from DUI-related accidents and thousands suffering serious or permanent injuries each year.
Here are some potential financial expenses for a first-time, non-aggravated DUI in California:
- Bail bond fees can range from hundreds to thousands of dollars.
- Towing and impound fees, typically between $100 and over $1,000.
- Court fines and fees, which can total up to $2,000.
- Alcohol treatment programs that cost around $500 or more.
- A community service supervision fee might be around $50, in addition to the time spent on the task.
- A jail fee could range from $10 to $50. (Paying for jail is likely not something you expect.)
- If an ignition interlock device is necessary, it could cost between $500 and $1,500, considering both installation and maintenance fees.
- Sometimes, a probation supervision fee could reach up to $1,000.
- Using alternative transportation, such as buses, taxis, or car rentals, could add an extra $1,000 compared to using your vehicle.
- There is a license reissuance fee of $125.
Over a decade, you might face an additional $5,000 to $10,000 in car insurance premiums (once the DUI is no longer a priorable offense). This does not include extra costs for SR-22s or the difficulty of finding an insurer willing to cover you after a DUI.
While insurance may appear to be the most significant expense, the highest cost is often the loss of your license for at least six months. This can lead to job loss, especially if your work involves driving. Even if your job does not require driving, being unable to commute for several months can easily result in losing your job. The immediate loss of income and the challenge of finding a new job with comparable pay is typically the most significant financial burden.
Younger drivers facing a DUI, particularly those under 21, could find themselves in high-risk insurance categories due to their age and limited driving experience. As a result, insurance costs can become their most significant financial burden. Over a decade, a young driver convicted of a first DUI could end up paying tens of thousands of dollars more in auto insurance premiums.
Even if you cannot achieve a win at the hearing, there is still the possibility of succeeding in a later jury trial. Additionally, if you lose at the DMV hearing or in court, your DUI lawyer can:
- Negotiate a plea deal that allows you to avoid jail time
- Obtain a restricted license to keep your job, reduce fines, and save money in other ways.
Ultimately, a skilled DUI attorney can assist in getting the DUI removed from your record, which will further reduce its financial and personal impact.
Possible Defenses to First Offense License Suspension by the DMV
In California, if you are charged with a DUI, you cannot have a public defender at your DMV hearing. However, you can hire an attorney to contest the reasons for your license suspension. Some defenses your attorney might use include:
- Your blood alcohol concentration (BAC) was below 0.08 while driving.
- The police arrested you unlawfully.
- The police had no valid reason to stop your vehicle.
- The police lacked proper grounds to administer blood and breath tests.
How You Can Find Out If Your Driving License Is Suspended
Typically, if you are arrested for a driving violation in California and your license is suspended, you should receive a notification. However, there are instances where you might not be informed, creating a need to check your status. After an arrest, you may be told that your license could be suspended based on the outcome of your case, but you might not receive specific details about the suspension. In such situations, you can use the following methods to determine if your license is suspended:
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Call the DMV
Although this method can be challenging, it is one of the most reliable ways to check your license status. When you call the DMV, an operator can quickly access your records and inform you about your driving license status.
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Visit Your Local DMV Office
If you visit a nearby DMV office, be prepared for potentially long wait times. However, this allows you to speak directly with a clerk to inquire about the reasons for your license status, including any suspension details.
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Visit the DMV Website
To use this method, you must be a registered user with a free online profile on DMV websites. If you do not have an account, you must create one by entering important information like your:
- Email address
- Driver’s license
- Date of birth
- The last four digits of your Social Security Number or License plate number
- You should also provide payment details such as a credit card, checking account, or PayPal account to pay a two-dollar fee for the records.
You will receive an online document that shows your license information. While this document is not official, it will help you determine if your license is suspended and the reasons for it. If you see abbreviations like “SUS,” it indicates that your license has been suspended.
Can I Acquire a Restricted License After a First-Time DUI in California?
You can obtain a restricted driving license if this is your first DUI offense in the last 10 years and you have no prior DUI cases during that time. You are also eligible if your BAC was between 0.04 and 0.08 percent while driving non-commercial and commercial vehicles, respectively, and you were 21 years or older at the time of your DUI arrest. This restricted license allows you to drive for work, school, or to attend California DUI programs.
In addition to the DMV, the court can automatically suspend your driving license for six months. This suspension follows vehicle code 13352(a)(1). However, the judge does not directly suspend your license; instead, they inform the DMV after a conviction, which then enforces the suspension.
Differences Between Court and DMV Proceedings Regarding Driving License Suspension
Yes, there are notable differences between a court trial and a DMV hearing, including:
- A DMV hearing focuses solely on the privileges associated with your driving license and the circumstances of the DUI arrest. In contrast, court proceedings determine your guilt regarding the offense.
- In a DMV hearing, it is up to you as the defendant to decide whether to attend the hearings. You can choose to represent yourself or have an attorney present. However, in a court trial, you or your attorney must be present for all proceedings, including the arraignment.
If you win at the DMV hearing, it will not affect your DUI case in court. The only result of a victory at the DMV is that they will cancel the administrative action against your driving privileges. This decision is independent of any criminal penalties or charges. Conversely, a driver facing DUI charges in court for reckless driving is not influenced by the DMV proceedings, and it does not impact the suspension of their driving privileges.
Driving with a Suspended License—Is It Illegal?
Some individuals continue to drive even after their licenses have been suspended. According to California law, specifically VC 14601, operating a vehicle is considered a crime when you know your license is suspended or revoked. You may be charged with this offense for various reasons, such as having a mental or physical disability, being convicted of a DUI in California, or accumulating too many points on your driving record. You can be arrested under this law if caught driving with a suspended license.
Driving on a suspended license is classified as a misdemeanor under vehicle code 14601, which can result in jail time and significant fines. The specific charges you face will depend on the reason for your license suspension.
Common defenses against charges for driving with a suspended or revoked license include:
- Not being aware of the suspension or revocation
- Proving that the reasons for your original suspension were invalid
- Demonstrating that you had the right to drive with a restricted license.
The Difference Between a Suspended and a Revoked Driving Licens
A suspended driving license is temporarily invalid for a set period. During this time, the license holder cannot legally drive unless they have a restricted or temporary license issued by the police. In contrast, a revoked driver’s license has been permanently canceled, and the owner cannot get it back.
A person with a revoked driving license must complete several steps to regain it. They need to submit an approval request to the DMV and follow the state’s licensing procedures, which include passing both a written and a road test. Additionally, once the DMV grants approval, penalties and fines from the previous license must be paid.
Find a Professional DUI Attorney Near Me
In California, a first-time DUI can result in the DMV suspending your driver’s license. When this happens, the first action you should take to protect your driver’s license is to request a DMV hearing. If you fail to make this request within 10 days of your DUI arrest, the DMV will automatically suspend your driving rights. Once the suspension is in place, reversing it becomes impossible. However, with the assistance of an attorney, you can take all necessary steps to keep your license and prevent a DUI conviction from affecting your criminal record.
At the San Diego DUI Attorney, we can increase your chances of a favorable outcome at the hearing and help you avoid the legal repercussions of a DUI. Contact us today at 619-535-7150 to set up a consultation with one of our DUI attorneys.
