After getting arrested for a DUI in California, you may be wondering if your drivers license will be suspended. If you are a first offender, drivers license suspension may not be automatic and you may be able to avoid it under certain circumstances. However, it all depends on the facts of your case. We share more with you about drivers license suspension in California in this article.
Is License Suspension Automatic?
Your license does not get suspended automatically after an arrest. Whether it will be depends on the eventual charge. If your charge gets reduced to reckless driving, there will be no license suspension. If you get charged with a DUI, a six month license suspension will apply in most cases. This is not imposed by the court; what the court does is notify the DMV about your suspension and they will ensure that it is imposed. Keep in mind that in California, defendants are usually allowed to continue driving if they agree to install an ignition interlock device (IID) in their vehicle.
Can the DMV Trigger My License Suspension?
The short answer is: yes. If your blood alcohol concentration (BAC) at the time of your arrest was 0.08% or higher, your license can be suspended by the DMV without going through court, under an admin per se (APS) violation. You can request a DMV hearing, and although the chances of getting the suspension overturned is slim, you may wish to represent yourself or engage an attorney to improve your chances. However, if your BAC was below 0.08%, your license will not be suspended under the same violation.
Can I Get A Restricted License to Continue Driving?
It’s possible to get a restricted license to continue driving after your license has been suspended in California. There are two types of restricted licenses: an IID license, which has been mentioned above, and a typical restricted license. An IID installed in your car will be able to determine if you have been drinking through a breathalyzer device. If so, you will not be able to start your car.
With a restricted license, you are only allowed to drive to and from your workplace or school and DUI education classes. You will need to file a SR22 form with the DMV to get a restricted license.
Attend DUI Education Classes
At Jackson-Bibby Awareness Group, we are committed to helping DUI offenders get their license reinstated as soon as possible. To this end, you should always attend DUI education classes diligently. In light of the ongoing pandemic, we are currently offering individual and group counselling sessions via Zoom, which you are expected to participate in actively. Telehealth sessions are expected to go on for a limited time only and DUI education classes will resume in person as soon as it’s safe to. If you require more information, please feel free to take a look through our FAQs.
