DUI Administrative License Suspension

Summary:

DUI Administrative License Suspension (ALS) triggers immediate driving privileges loss in most U.S. states, creating cascading consequences. For individuals, this impacts employment, childcare, and medical access within days. Businesses risk liability when employees drive with suspended licenses. Courts and DMVs operate on separate tracks – failure to request a hearing within strict deadlines (often 10 days) guarantees suspension. First-time offenders face 30-90 day suspensions, while repeat offenses extend to multi-year revocations. Aggravating factors like high BAC or child endangerment increase penalties. Unique legal challenges include navigating parallel administrative/criminal systems and strict evidence rules for breathalyzer calibration logs.

What This Means for You:

• Immediate Action: Request a DMV administrative hearing IN WRITING within 10 calendar days of arrest (California Vehicle Code §13558(b)). Federal due process protections apply, but deadlines are jurisdictional. Failure waives all license retention rights.
• Legal Risks: 1st offense: 4-month suspension (30-day hard suspension). 2nd offense: 1-year revocation. 3rd+: 3-year revocation with mandatory IID installation. Felony DUI carries permanent revocation. Commercial Drivers lose CDL for 1 year (49 CFR §383.51).
• Financial Impact: $125 reinstatement fee, $500 SR-22 insurance (3-year minimum), $1,200 ignition interlock (6-12 months), $2,000 mandatory DUI school, $10K+ in ride-share costs during suspension.
• Long-Term Strategy: Petition for restricted “to/from work” licenses after mandatory hard suspension periods. Explore expungement eligibility 1 year post-probation. Document hardship cases for early IID removal petitions under VC §23575(b).

Explained: DUI Administrative License Suspension

Under California Vehicle Code §13353.2, ALS is a civil sanction triggered automatically when a driver either (a) fails a chemical test (≥0.08% BAC) or (b) refuses testing. This exists independently of criminal DUI charges – acquittal in court doesn’t reverse ALS if administrative criteria were met. The National Highway Traffic Safety Administration mandates all states enact ALS laws under 23 U.S.C. §164, with federal highway funding tied to compliance.

ALS authority rests solely with DMV hearing officers. Criminal courts handle DUI charges separately, creating a “two-case” dilemma. The burden of proof at DMV hearings is “preponderance of evidence” (VC §14104(a)) – lower than criminal “beyond reasonable doubt.” Drivers must prove licensing errors or improper testing procedures themselves.

Types of DUI Offenses:

Misdemeanor DUI: Standard first/second offenses (

Felony DUI: Causing injury (VC §23153) or 4th+ offense within 10 years results in 5-year minimum revocation. No restricted licenses permitted until 18-month hard suspension served. Interlock required 3 years post-restoration (VC §23575.5).

Implied Consent Violation: Test refusal adds automatic 1-year hard suspension (no restricted licenses) under VC §13353.1(b)(2). Judges may impose additional refusal penalties in criminal court.

Common Defences for DUI:

Unlawful Stop: Successfully arguing the officer lacked “reasonable suspicion” (People v. Wells, 38 Cal.4th 1078) suppresses all subsequent evidence, including BAC tests.

Calibration Deficiencies: Title 17 of the California Code of Regulations §1221.4 requires breathalyzer calibration every 10 days/150 tests. Missing logs invalidate results.

Rising BAC Defense: Proving driver was under 0.08% while driving but above during testing (typically 15-90 mins later). Requires expert toxicology testimony.

Penalties and Consequences of DUI Offenses:

Staged Suspensions: First offense is 30-day hard suspension + 5-month restricted IID license. Second offense: 1-year suspension with 90-day hard suspension. Refusals: 1-year hard suspension + 2-year IID.

Commercial Drivers: CDL disqualification for 1 year (first offense) or life (second offense) per VC §15300(a). Requires downgrade to non-commercial license during suspension.

Aggravated Penalties: BAC ≥0.15% adds mandatory 9-month DUI school (vs. 3 months). Child passengers (under 14) add 48 hours jail time and 1-year license suspension extension.

The DUI Legal Process:

1. Arrest & Notice: Officer serves “DS-367” pink suspension notice, starting 30-day temporary license. 2. 10-Day Deadline: Submit DMV hearing request via fax/mail with $120 fee (VC §14105.5). 3. ALS Hearing: Held within 30 days. Only arrest report, test results, and officer declaration considered. 4. Criminal Arraignment: Separate court case filed 1-4 weeks post-arrest. 5. Pre-Trial: Motions to suppress blood evidence or dismiss charges. 6. Resolution: 90% settle via plea bargain to “wet reckless” (VC §23103.5). 7. Sentencing: Judges impose penalties concurrent with DMV suspensions.

Critical note: DMV hearing outcomes don’t bind criminal courts – acquitted defendants still serve ALS terms unless they independently win the administrative appeal.

Choosing a DUI Attorney:

Retain lawyers with DMV hearing certification (separate from state bar). Ask: “How many ALS hearings have you conducted this quarter?” Verify they routinely subpoena arresting officers, as 40% fail to appear (granting automatic wins). Flat-fee structures ($2,500-$5,000) are preferable to hourly billing for predictable budgeting. Review State Bar profiles for DUI-specific CLE credits – general practitioners lack required toxicology knowledge.

WARNING: “DMV consultants” cannot represent you at hearings per VC §14104.3. Only licensed attorneys may present legal arguments or cross-examine officers.

Other DUI Resources:

California DMV ALS Portal: https://www.dmv.ca.gov/portal/driver-education-and-safety/dui-driver-license-suspensions-and-revocations/dui-faqs/

NHTSA Implied Consent Guidelines: https://www.nhtsa.gov/book/countermeasures/deterrence/license-suspension

People Also Ask:

“How long will my license be suspended for first DUI?”
30-day absolute suspension, followed by 5 months of restricted driving with ignition interlock device (IID). Complete suspension after one year if DUI school isn’t finished. Enhancement for BAC ≥0.15% extends suspension to 12 months.

“Can I drive to work during suspension?”
Only after serving the mandatory hard suspension period (30 days for 1st offense). Restricted licenses require: (1) Enrolled in DUI school, (2) SR-22 insurance, (3) IID installation confirmation, and (4) $55 reissue fee (VC §13352(a)(5)(C)).

“Does refusal reduce DUI penalties?”
No – refusal adds automatic 1-year hard suspension, makes plea bargains unlikely, and prosecutors typically file additional charges. Blood draw warrants obtained via telephonic judges negate refusal defenses.

“How much does a DMV hearing cost?”
$120 filing fee (non-refundable), plus attorney fees ($1,000-$3,500). If won, DMV reimburses filing fee. Success rates: 15% overall, 42% when officers don’t appear.

“Will DUI suspension appear on background checks?”
Yes – DMV records show suspension for 10 years. Employers see “suspension – VC §13353” codes. Professional licenses (nursing, real estate) face separate disciplinary actions.

Expert Opinion:

ALS systems create irreversible deadlines – missing the 10-day hearing window eliminates all arguments regardless of case merits. Prioritize retaining DUI-certified counsel before strategizing criminal defenses, as administrative victories significantly strengthen plea bargaining positions against prosecutors. Never assume court outcomes affect DMV holds; these operate as fully independent proceedings with distinct evidence standards.

Key Terms:

• DUI license suspension duration California
• Administrative per se hearing deadline
• DMV implied consent violation penalties
• Ignition interlock restricted license requirements
• Economic impact of DUI administrative suspension
• How to fight DUI license revocation
• 3rd DUI license revocation length

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