Is my driver's license automatically suspended and for how long?
After an arrest for a DUI you face a license suspension from the DMV. The California Department of Motor Vehicles can suspend your driver's license solely based off of the arrest. The DMV considers a limited number of issues at the administrative per se hearing. If you do not request a hearing within 10 days from the date of your arrest, your license will be automatically suspended for a minimum of four months. You may have eligibility for a restricted license after 30 days of no driving.
On a 2nd or subsequent DUI arrest, you are facing a license suspension for a minimum of 90 days before you are eligible for a restricted license with the installation of an ignition interlock device.
The license suspension is dependent upon your case and can be affected by prior convictions, age and even blood alcohol level. For instance, if you have a blood alcohol level of over .20% you may not be eligible to receive your full driving privileges until you complete a 9 month alcohol program.
Remember, no two DUI cases are the same. There are significant differences that could affect your case at both the California Department of Motor Vehicles and through the criminal courts. It is also important to remember that the DMV can suspend your license without a criminal court conviction. If you are convicted of a DUI through the Orange County Superior Court system, the court will issue an abstract to the DMV. The DMV may then issue a subsequent suspension.
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