Will I Lose My License After Being Charged With a DUI in California?
Feb. 4, 2025
Driving under the influence (DUI) charges in California come with serious consequences, one of which is the potential loss of your driver’s license. Understanding the legal process, your rights, and the possible outcomes can help you get through this challenging situation.
This comprehensive guide explores whether you’ll lose your license after a DUI charge, the laws surrounding DUI cases in California, and the steps you can take to protect your driving privileges. Continue reading to discover how a criminal defense lawyer can help you with a DUI charge.
DUI Laws in California
California has some of the strictest DUI laws in the country. Under California Vehicle Code Section 23152(a), it’s illegal to drive under the influence of alcohol. Additionally, Section 23152(b) makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
The penalties for DUI offenses vary based on factors such as your BAC level, whether it’s a first offense, and if aggravating circumstances (e.g., accidents or injuries) are present. License suspension is a significant consequence tied to these charges, whether through the Department of Motor Vehicles (DMV) or the court system.
Administrative License Suspension by the DMV
The DMV handles administrative license suspensions independently of the criminal court process. After you have been arrested for a DUI in California, the arresting officer will confiscate your license and issue you a temporary one that is valid for 30 days.
This triggers an automatic administrative process, often referred to as the Administrative Per Se (APS) suspension.
Notice of Suspension: You’ll receive a formal notice of license suspension. This gives you 10 days to request a hearing to challenge the suspension.
DMV Hearing: A DMV hearing is not a criminal proceeding but an administrative review to determine if your license suspension is justified. The DMV evaluates evidence such as:
Whether the arresting officer had reasonable cause to stop you.
Whether you were lawfully arrested.
Whether your BAC was 0.08% or higher.
Outcome: If you don’t request a hearing or lose the hearing, your license will be suspended. The duration depends on the specifics of your case:
First Offense: 4-month suspension.
Second Offense: 1-year suspension.
Refusal to Submit to Chemical Testing: 1-year suspension for the first offense, longer for subsequent offenses.
Court-Ordered License Suspension
In addition to the DMV process, the criminal court system may impose license suspensions as part of a DUI conviction. The duration of suspension varies:
First DUI Conviction: 6-month suspension.
Second DUI Conviction (within 10 years): 2-year suspension.
Third DUI Conviction (within 10 years): 3-year suspension.
For repeat offenders or cases involving injuries or fatalities, the penalties become more severe, including longer suspension periods and possible permanent revocation.
Restricted Licenses
California offers options to regain limited driving privileges through restricted licenses. These allow you to drive to essential places like work, school, or DUI education programs. To qualify for a restricted license, you must:
Complete a DUI program approved by the state.
Provide proof of SR-22 insurance (proof of financial responsibility).
Pay the required reinstatement and application fees.
Restricted licenses are generally available after serving a portion of your suspension period, but eligibility depends on the specific circumstances of your case.
Factors That Influence License Suspension
Several factors affect whether you’ll lose your license after a DUI charge in California, including:
BAC Level: Higher BAC levels, particularly 0.15% or above, can result in stricter penalties.
Refusal to Take a Chemical Test: California’s implied consent law mandates that drivers submit to chemical testing if lawfully arrested for a DUI. Refusal can lead to automatic suspension.
Prior DUI Offenses: Repeat offenders face longer suspensions and harsher penalties.
Aggravating Circumstances: Situations like accidents, injuries, or having a minor in the vehicle at the time of the DUI can result in additional consequences.
Fighting to Keep Your License
If you wish to avoid losing your license, it’s crucial to act promptly and strategically. Here are the steps you can take:
Request a DMV Hearing: Act within 10 days of your arrest to schedule a hearing and challenge the administrative suspension.
Hire an Experienced DUI Attorney: A knowledgeable attorney can represent you during the DMV hearing and criminal court proceedings, potentially reducing or avoiding license suspension.
Challenge Evidence: Common defenses include questioning the validity of the traffic stop, the accuracy of BAC testing equipment, and procedural errors by law enforcement.
Consider Plea Bargains: In some cases, your attorney may negotiate a plea deal that reduces the charge to a lesser offense, minimizing the impact on your license.
DUI Education and Rehabilitation Programs
Enrollment in a DUI program is often a requirement for regaining your driving privileges. California’s DUI programs are designed to educate offenders and reduce recidivism. Program lengths vary based on the specifics of your case:
First Offense: 3-month program (30 hours).
Second Offense: 18-month program.
Third Offense: 30-month program.
Completion of these programs is a prerequisite for obtaining a restricted or reinstated license.
Ignition Interlock Devices (IID)
California’s IID program allows some DUI offenders to continue driving during their suspension period. An IID is a breathalyzer device installed in your vehicle, requiring you to provide a BAC-free breath sample before the engine starts. This option is typically available for:
First-time offenders opting into the IID program.
Repeat offenders, as mandated by the court.
The IID program offers a way to maintain mobility while demonstrating accountability and adherence to DUI laws.
The Role of DUI Attorneys in License Suspension Cases
Dealing with DUI charges and potential license suspension is challenging, and legal representation is essential. A skilled DUI attorney can:
Advocate for you during the DMV hearing.
Build a strong defense strategy for criminal court.
Negotiate plea deals or reduced charges.
Provide guidance on meeting reinstatement requirements.
What Happens After License Suspension?
Once your suspension period ends, you must meet specific requirements to reinstate your license:
Pay Reinstatement Fees: These include DMV fees and any fines imposed by the court.
Submit Proof of SR-22 Insurance: This document confirms you have the required liability insurance coverage.
Complete DUI Education Program: Proof of program completion is necessary for reinstatement.
Apply for Reinstatement: File the necessary paperwork with the DMV.
Failure to complete these steps can delay your ability to drive legally.
Avoiding Future DUIs
A DUI conviction can have long-lasting consequences beyond license suspension, including increased insurance premiums, criminal records, and limited employment opportunities. To avoid future DUIs:
Plan Ahead: Use rideshare services or designated drivers if you plan to consume alcohol.
Understand Your Limits: Be aware of how alcohol affects your body and avoid driving if there is any doubt about your sobriety.
Invest in an IID: Installing an IID voluntarily can provide peace of mind and prevent accidental violations.
Contact the Law Offices of Andrew C. Janecki
Losing your license after a DUI charge in California is a real possibility, but it’s not inevitable. DUI charges are serious, but with the right approach, you can get through this challenging time and work toward a positive resolution.
We serve clients in Santa Cruz, California; Palo Alto, California; San Jose, California; San Francisco, California; and Berkeley, California. Contact Andrew C. Janecki today.