Orange County License Suspension Attorney

The admin per se law allows the Department of Motor Vehicles (DMV) to suspend or revoke a driver’s license if you are arrested for driving under the influence (DUI). The law states that if a person is arrested for DUI and their blood alcohol content (BAC) is 0.08% or higher, the DMV must suspend or revoke their driver’s license. If you are driving a commercial vehicle, your license will be suspended if your BAC is 0.04% or greater. The admin per se law also applies if you refuse to take a chemical drug test following an arrest.

If you are under 21 and arrested for DUI with a BAC of 0.01% or higher, the DMV must suspend or revoke your driver’s license. 

Additionally, California’s zero-tolerance law means that your license will be suspended immediately if your BAC is 0.04% or greater and you are on probation.

Your license can also be suspended or revoked as a penalty for a DUI conviction. The severity of the suspension changes according to whether you have any prior DUI convictions.

License suspensions for DUI break down like this: 

• A first offense = license suspension for four months or longer.
• A second offense = license suspension for up to two years.
• A third offense = license suspension for up to three years.
• A fourth offense = license suspension or revocation for up to four years.

To put it plainly, if you are arrested for DUI, there is a good chance that your license will be suspended. In fact, the only way to avoid this would be to win your hearing with the DMV and subsequently win your DUI case. You can sometimes be granted a restricted license; however, you will be limited to driving to, from, and during work. 

Our attorneys can help advise you on your DMV hearing, as we know everything about the process. We can then represent you in your DUI case, taking it to trial if necessary.

What Are the Penalties for Driving with a Suspended License?

California is hard on people with DUI criminal records. 

If you are found to be knowingly driving with a suspended or revoked license, the penalties are severe. 

These penalties include: 

• Mandatory jail sentence of 10 days to 6 months and installation of an ignition interlock device for a first offense
• Mandatory jail time of at least 30 days for a second violation

Negotiating a more lenient sentence is possible if it is your first offense. Negotiating for a more lenient punishment in subsequent DUI cases is considerably more difficult, but we will do everything possible to fight for it. 

The DMV Hearing

When you are arrested for DUI, a  police officer will take your license and send it to the DMV for review. You will be given a temporary license for 30 days and have 10 days to schedule a hearing with the DMV to challenge the suspension. 

At your hearing, you have the right to be represented by an attorney. We can cross-examine witnesses, present evidence, and argue on your behalf. 

The hearing officer will consider various factors in making a decision, including your BAC, the circumstances of the arrest, and your driving record. The hearing officer can either sustain the suspension or set aside, end, or modify the DMV’s decision to suspend your license.

If you do not challenge the suspension, your license will be automatically suspended for four months on a first DUI or a year if you have any prior DUI convictions. This is separate from any suspension included in your sentence; however, they can overlap. The DMV will reinstate your license if you are acquitted, provided they agree that the ruling in your case is equal to an acquittal. For example, if your case is downgraded to reckless driving, the DMV will not reinstate your license. 

Reinstating a Suspended License

Unfortunately, your options regarding full reinstatement of your license following a DUI conviction are limited. You must complete the suspension period before you can begin the reinstatement process. 

After that, you must:

• Pay a license reinstatement fee
• Provide evidence to the DMV that you completed a DMV-approved alcohol and drugs education or counseling program 
• Prove you have auto insurance 
• Submit any other necessary forms

While you serve your sentence, you can apply for a restricted license. In some cases, you may be able to drive freely on a suspended license on the condition that you have an ignition interlock device installed in your car. 

Otherwise, the best strategy is to fight any charge that could lead to a suspension, which we can help you with.