First DUI arrest does not obligatorily mean that the driver’s license will be automatically suspended. If the driver wants to keep his driver’s license, it should be taken into consideration that if a DMV hearing is lost, mostly, the driver’s license would be suspended. Another possible situation of the suspension of the driver’s license that is the court conviction.
If the driver loses the DMV hearing, it means that the driver license will be suspended for a period of four month. The DMV has to suspend the driver’s license in the following cases:
- the person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood,
- the person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test,
- the person was driving a vehicle that requires a commercial driver’s license when the person had 0.04 percent or more, by weight, of alcohol in his or her blood,
- the person was on probation for a violation of DUI rules and the person had 0.01 percent or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test.
According to California’s Vehicle Code(13352) the DMV shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of DUI. The driver’s license will be suspended for a period of six months. It will not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a licensed driving-under-the-influence program. If the defendant is not found guilty during the trial. It means that the driver’s license will not be suspended or revoked. Nonetheless, it should be noted that the summary suspension of the driver’s license cannot exceed six month even if the defendant lost and the DMV hearing and the trial.
However, it is possible to apply after some period after the driver’s license suspension for a restricted license:
- if the person did not refuse to take chemical tests at the arrest, the convicted can apply after 30 days,
- if the person refused to take chemical tests at the arrest time, the driver’s license will be revoked for one year with no chance of getting a restricted license during this period.
A restricted license permits to drive the vehicle, i.e., to home, work place or school.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000