DUI License Suspension

Posted by Chris Morales on Mon, Mar 11, 2013 @ 12:20 PM

Either the Department of Motor Vehicles (DMV) or the court can temporarily withdraw your privilege to drive. 

There are two types of suspensions one can receive from a DUI:

1)      DMV Administrative per se (APS) suspension: The APS suspension, which begins after the DMV hearing has concluded, is 4 months long for first time offenders, regardless of BAC. However, if the defendent gets a restricted license, this 4 month period is extended to 5 months from the date that he/she receives the restricted license.

2)      Conviction-triggered suspension: a court conviction triggers a license suspension that is independent of an APS suspension arising out the same incident. VC 13352 (a) states that the DMV shall immediately suspend the driving privilege upon receipt of an abstract from the court that the defendant has convicted of a DUI. For offenders with BAC, the suspension period is 10 months.

There is really nothing one can do to change the suspension date to an earlier date. One must first complete the FOP 9-month program. Even if the suspension date ends before you complete your FOP 9-month program you cannot get your license back until you submit proof of completion. The FOP 9-month program is mandated by law when the BAC is >.20%. 

Under VC 23538 (b) (2) Either the Department of Motor Vehicles (DMV) or the court can temporarily withdraw your privilege to drive. To find out whether your license is suspended you can check your driving record or consult the DMV. The judge is obligated under the law to sentence any person to a 9-month program if their alcohol blood level was over .20%. For a person to restore their driving privileges one must successfully complete a driving-under-the-influence program. In the mean time one must use their restricted license to drive.  

Under VC 13352 (a) upon a DUI conviction the court is required to sentence the Defendant to a 9-month program and suspend driving privileges for 10 months. (b) states that the privilege cannot be reinstated until the defendant has completed the driving-under-the-influence-program.

If you have any questions regarding a DUI feel free to get in contact with me. 



Tags: DUI, Drunk Driving, driving, alcohol, DUI arrests, DUI drunk driving, drunken driving