In California, most people depend on their vehicles to and from work and many other obligations. The most severe DUI penalty you can face is having your license suspended. If the DMV in California suspends your driver's license because of a DUI, you would want to reinstate it as soon as possible. However, even if the suspension period is over, your license does not get automatically reinstated. For example, driving is unlawful if you were sentenced to a six-month suspension period and you have just completed this period. You have to wait until you have completed the process of reinstatement. Then, the DMV will issue you with a new license before it is lawful for you to drive. You must follow the due process to avoid additional penalties.
You should do the following when you receive a DUI license suspension in California.
Hire An Attorney
Having your driver’s license suspended because of DUI can be stressful. If you pass through this unfortunate situation, you first need to know your legal rights. Seeking the services of a DUI license suspension attorney is the best solution for you. However, some offenders often hesitate to seek the services of attorneys because they think attorneys will demand more money from them. This is not true; attorneys are thoroughly skilled and experienced. They have the knowledge and expertise to negotiate a favorable outcome for you.
The suspension of your driver’s license can affect your emotional and financial health. If you seek the services of an experienced DUI attorney, you can minimize the effects of the suspension. An attorney understands your case's weak points and strong points. He/she will prepare your case effectively by gathering substantial evidence and doing everything possible to obtain a favorable outcome for your case. Attorneys understand the law and your legal rights. They can intervene if they establish that the police violated your legal rights. An attorney will go out of their way to assist you to obtain the best outcome or have your license reinstated.
After your DUI license suspension, it can be confusing to determine the next immediate step to take. For example, you have up to ten days to stop the suspension of your driver's license. For this to happen, you must request the Department of Motor Vehicles (DMV) for a hearing. This is where your DUI attorney comes in handy. The attorney can contest your DUI license suspension and prevent the order of suspension at the hearing.
Complete The Whole DUI License Suspension Period
If your driver's license was suspended for one year, you must comply with the suspension. Two kinds of DUI license suspension are available in California. One is from the DMV, and the other is from the law courts. Also known as admin per se or administrative suspension, the DMV's DUI license suspension is the first suspension you will face before your first court hearing. Court DUI license suspension often takes longer than administrative suspensions. Court DUI license suspension can severely affect your career and life in general.
Under the DMV's DUI license suspension, the traffic police will arrest you and send your details to the DMV. The DMV will then suspend your driver's license. However, you will have ten days to appear in the administrative hearing concerning your license suspension. You can prove your innocence to the DMV during the hearing.
DMV will suspend your license for four months if it is your first DUI offense. The period you served administrative suspension will be deducted from the period of your court-triggered suspension. Therefore, your license will be suspended for only two more months after your conviction if you served four months. Usually, the whole period of suspension is six months.
Under the court DUI license suspension, your license will be suspended as part of the punishment once after a conviction for any DUI charge, according to VC 23152. The court merely informs the DMV of your conviction, and it goes ahead to handle the license suspension by itself. The length of court DUI license suspension depends on whether it is your first or subsequent DUI. The second DUI offense attracts two years of license suspension, while the third DUI offense attracts three years of license suspension.
Pay The Fine
Most states in the United States add court costs to the underlying base fine when your driver's license is suspended because of DUI. For example, the state of California assigns hefty fines for DUI charges. The legislature in California demands that the courts add several other assessments to the applicable base fine for a DUI. Assessments and costs often lead to a total payment exceeding the base fine four to five times.
You will face a base fine of $390 to $1000 for a first DUI offense. If the assessments and costs are added to a $390 fine, it could escalate the total cost to $1,800 or more, based on the region in which you face charges.
The sentencing guidelines that the court follows also affect the base fine you pay. The guidelines consider your blood alcohol content, whether your driving was reckless or dangerous or caused harm.
The second and third DUI crimes attract a similar range of base fines, but typically the judges follow the guidelines that demand huge base fines for each subsequent offense. The amount you pay increases substantially as the base fine increases since some assessments are a percentage of the base fine. For misdemeanor DUI causing injury, the maximum base fine is $5,000.
In addition to the fine, assessments, and costs, the court could also order you to pay the costs related to probation, including the cost of a treatment program or attending driver's education programs. In addition, you could meet the installation and monthly maintenance fees for the Ignition Interlock Device or vehicle impoundment fees.
Your license suspension will hold until you qualify for reinstatement, and at this point, you will have to pay a fee to the DMV.
Additionally, while your driver’s license is suspended because of DUI, you will be required to meet the hidden costs of alternative transportation, like taxi fares, that the court does not impose. The insurance company will charge higher hidden premiums associated with DUI license suspension, which the court also does not determine. Higher premiums can plague you for many years.
Complete Your Probation
In California, probation is part of every DUI conviction. This is when you are put under special scrutiny to ensure you do not drive under the influence of drugs or alcohol. DUI probation is not easy, although it is less severe than a jail term. You have to take some actions and follow numerous rules to complete your probation. The court can impose two types of DUI probation on an offender:
- General DUI probation, which comes with every DUI conviction, and
- Alternative sentencing that could be imposed instead of a jail term
General DUI probation takes between three to five years. You will not have to meet with a probation officer in this summary probation. Therefore, nobody will stop by your workplace or your house to check on you. However, during that period, you have special legal status, which will affect what you are to do and what you are not supposed to do. The conditions for general DUI probation include:
- You agree to submit to a chemical test if you face an arrest on suspicion of a new DUI charge
- You agree not to commit any crime during your probation
At times, the court will impose an alternative sentence of probation. This is where you are supposed to serve a jail term, but the judge gives you the chance to prove that you were not eligible to serve a jail term. The alternative sentence probation that the court would impose on a DUI license could have the following probation conditions:
- Paying restitution to DUI victims
- Community service
- Electronic monitoring or house arrest
- Roadside work for Caltrans, the California transportation agency
You can only apply for reinstatement of your driver's license after completing probation and adhering to probation terms.
Complete Your Jail Term
The most frightening of all California’s penalties is the jail term. There is a possibility of serving a jail term for any DUI conviction under the current law in California, whether it is your first or fourth DUI offense. Therefore, you need to be aware of the period you will spend in jail and, if possible, find a way of keeping it to a minimum.
DUI sentences have a minimum and the maximum time you should spend in jail. The first DUI offense attracts two days jail term minimum and six months maximum. The second DUI offense attracts ten days jail term minimum and a one-year maximum. If the court offers you a minimum jail term, you could serve it in multiple sessions rather than all at once.
Upon completion of the imposed jail term, you can apply for a reinstatement of your driver's license.
Complete DUI School
When the court suspends your driver’s license because of DUI in California, you could be subject to the Alcohol or Drug Education and Counseling program offered by the State-licensed service provider. You must be referred to enroll in one of these programs either by the DMV or the court.
If you are a first-time offender with a low blood alcohol concentration, you will have to take a class that could be as short as twelve hours. If you are a repeat offender, you will have to take a class that could be as long as 30 months. The time you take for a program depends on whether it is your first, second, third, or fourth DUI crime within ten years. The ten-year period starts on the date the police arrest you.
A ''wet reckless'' DUI school takes twelve hours and is the shortest DUI school program. This program is available as part of a plea agreement where you can plead guilty to a wet recklessness instead of a more severe DUI conviction. The twelve-hour DUI School typically involves 62-hour classes.
However, most offenders charged with a first-time DUI are often required to attend a 30-hour DUI program. If you had a BAC over 0.20%, you could go through a nine-month or sixty-hour DUI program. Generally, the 30-hour program consists of individual counseling, educational classes, and group counseling. A sixty-hour program could also involve going through interviews and Alcoholic Anonymous (AA) meetings.
The second DUI school program is much more intensive. It will take you 18 months to go through this program. This could include bi-weekly interviews at the beginning of the program, counseling sessions, and drug and alcohol education. This program could also involve a community re-entry monitoring component.
If you face a conviction for a second, third, or multiple DUIs, the maximum DUI school program is a 30-month program. However, this program is not available in all the States in the United States. In some states, where it is not available, the judges could impose an 18-month program as a condition of probation.
Apply For A Restricted Driver’s License
A restricted license gives you a chance to drive under special circumstances after your DUI license suspension. For you to obtain a restricted license, you will need to do the following:
- Enrollment in a DUI program
- Submit SR-22 Certificate of Financial Responsibility
- Installing Ignition Interlock Device in your vehicle
The restrictions available include:
- Limited driving for medical treatment
- Limited driving to and from employment
- Limited driving to take kids to school
Applying For License Reinstatement
It is possible to get your license reinstated after a DUI license suspension. However, you will have to meet conditions: paying fines, taking an approved DUI class, and obtaining SR-22/FR-44 insurance. You need to be patient as you wait for your license reinstatement. Avoid driving any vehicle until the DMV notifies you that your license is valid again.
Find a DUI Attorney Near Me
Facing a DUI license suspension can be confusing and inconvenient. The good news is that you can always have the license reinstated. The first thing after license suspension should be to contact an experienced attorney. An attorney will advise on the best course of action, including whether you should challenge the suspension. For reliable legal representation in Los Angeles, CA, contact Jonathan Franklin DUI Attorney. Call us at 323-464-6700 to speak to one of our attorneys.
