DUI Arrest and Your Driver's License
The Law Office of Blackie Burak offers drunk driving and driver's license suspension defense to clients throughout central and northern California. For a free consultation, please call my Walnut Creek law office toll free at 1-866-BLCKDUI, or contact me online for driver's license suspension or revocation defense.
The statutes governing license suspension are complicated. Although you should contact an attorney for specific information after a DUI arrest, I offer the following summary for those charged with a DUI:
Admin Per Se Suspension — Suspension Until Your Hearing
When you are arrested for DUI, the arresting office takes your driver's license and issues you a temporary license that lasts for 30 days. To recover your license, you must request a DMV hearing within 10 days of your arrest, or you license will be automatically suspended.
If you successfully argue your case at the he DMV hearing, the suspension may be set aside and your license returned to you. If you lose the hearing, however, your license will be suspended. The length of suspension depends on the circumstances of your arrest and the specific charges. And, if you are under age 21 and are arrested for driving with any measurable amount of alcohol in your system, your license will be suspended for a full year. A first time suspension has the option of choosing a restricted license after a 30-day suspension.
Suspension After Conviction of a DUI
- If you are convicted of a first time DUI, the DMV will send you a notice of suspension. Most drivers experience roughly five to eight months of restricted driving privileges following the initial 30-day suspension.
- For a second DUI conviction, the suspension is for two years. If you time it right, you may be able to get a restricted license after 90 days. An experienced DUI defense lawyer can advise you.
- A third DUI conviction is similar to the second, except the suspension is for three years and the restricted license is not available until you complete two years of the suspension.
- The law is changing and you may be able to get a restricted license after 6 months with a combination of ignition interlock devise and alcohol school.
- A fourth DUI conviction triggers a 4 year license revocation but you may be able to get a restricted license after 12 months.
Do You Have a Commercial Driver's License (CDL)?
A first time offense in any vehicle can result in a one year suspension of your commercial license. If you were arrested for DUI and hold a commercial driver's license, it is important to have a knowledgeable lawyer on your side. More than one DUI conviction results in a lifetime suspension of your commercial driving privileges. You will need an experienced DUI defense attorney to protect your rights and your livelihood.
For driver's license suspension defense, contact me, attorney Blackie Burak. Call my Walnut Creek law office toll free at 1-866-BLCKDUI to learn how to achieve the most favorable outcome possible.