DUI Driver’s License Suspension

Driving under the influence (DUI) in California carries a variety of penalties if you are convicted. In many instances, particularly on a first DUI, the most feared penalty is the suspension of driving privileges. If you are charged with a DUI-related offense, the suspension of your driver’s license can have a significant impact on your day to day activities. The help of a San Diego DUI lawyer can be critical to keeping your license.

What You Need to Know About DUI License Suspensions

When you get a DUI in California, you may face two different types of driver’s license suspensions: an administrative suspension when you’re arrested and a court-ordered suspension as part of your sentence if you’re convicted.

The administrative suspension is imposed by the DMV and the decision or hearing is conducted separately from your court case for the DUI charge. Whether you succeed at keeping your driver’s license at a DMV hearing has no effect on your criminal DUI charge, which will still proceed in court. The administrative suspension of your driving privileges can range from 4 months for first-time offenders to up to 1 year for third-time offenders.

While the DMV is charged with the authority to suspend your driver’s license, the court can also trigger such a penalty. If you are found guilty, the law prescribes the automatic suspension of your license. The duration of the suspension will depend on whether you have previous DUI convictions and other aggravating circumstances. Such aggravating circumstances, like that of refusing to submit to a chemical test after arrest, can enhance your penalties and will also increase the duration of your license suspension. A court-ordered suspension can range from 6 months for first offenders to up to 3 years for your third DUI.

Can I Fight a DUI License Suspension?

Individuals charged with DUI often assume that license suspension is automatic and they cannot fight the process. The key to avoiding this penalty is to be successful at your DMV hearing, which typically means obtaining the help of a San Diego DUI license suspension attorney.

• The DMV Hearing – At the time of arrest, your license will be confiscated and will automatically be suspended in 30 days if you fail to request a hearing within 10 days after your arrest. At this hearing, you will be able to fight any potential suspension. Having an experienced attorney will be critical to your success. While you will still have to fight the DUI charge, winning your DMV hearing can significantly help your case in court.
• Not Guilty Verdict – The court can trigger a license suspension if you are found guilty. It is important that you secure a not guilty verdict, have the charges dismissed, or reduced to an offense without an automatic suspension.
• Hire a Lawyer – Individuals charged with a DUI for the first time will often seek to represent themselves. This is often not a good decision, as DUI law in California is complex. Having a trained and experienced lawyer on your case can greatly aid your chances of securing your freedom and keeping your driving privileges intact. In cases where you lose your DMV hearing, or you failed to request the hearing within ten days of your arrest, having a San Diego DUI lawyer can be very useful in reversing the DMV decision.
• While the DMV process is different from the court proceedings, you have the right to be represented by a lawyer in both. Hiring a DUI defense lawyer will help you navigate both proceedings and reduce the chances of a suspension of your license.

FAQs about DUI License Suspensions

What happens to my car insurance after a DUI-related license suspension?

A license suspension usually results in the DMV requiring an SR-22 form to reinstate your driving privileges. This form notifies your insurance company of the DUI. As a result, insurance premiums often increase substantially. Some insurers may refuse to renew your policy. A lawyer can help you understand when the SR-22 is required and how long you must maintain it.

Can I get a restricted license while my suspension is active?

In many cases, yes. California offers both work-restricted and IID-restricted licenses depending on your situation. A restricted license may allow you to drive to work, school, or medical appointments, or it may permit general driving if you install an ignition interlock device. Eligibility varies and often depends on whether you submitted to chemical testing, attended DUI school, and met DMV deadlines.

What if my license is from another state?

California can suspend your privilege to drive within the state even if your actual license was issued elsewhere. Your home state may also take action once notified of the California DUI. Some states automatically mirror suspensions imposed in other jurisdictions, while others conduct their own review. You may need legal guidance in both states to protect your driving rights.

Can I keep driving while waiting for my DMV hearing?

Yes. Once you request a DMV hearing within the required 10-day window, the DMV typically issues a temporary license that allows you to drive until the hearing is resolved. If you miss the deadline, you lose this protection and the automatic suspension goes into effect after 30 days.

Does winning my DMV hearing guarantee that the court will not suspend my license?

No. The DMV and the court system operate independently. Success at the DMV hearing prevents the administrative suspension, but the court can still impose its own suspension if you are convicted. Conversely, even if you lose the DMV hearing, a not guilty verdict in court can prevent or reverse a court-ordered suspension.

Can I challenge errors made during my chemical test as part of my license defense?

Yes. Improper testing procedures, faulty equipment, or inaccurate documentation can be grounds for fighting both administrative and court-ordered suspensions. These issues may undermine the DMV’s findings and also strengthen your defense in the criminal case. A lawyer will review calibration records, officer training, and compliance with required testing protocols.

Will refusing a chemical test always result in a longer suspension?

Generally, yes. California’s implied consent laws penalize test refusals with harsher suspensions, even if you are never convicted in court. However, an attorney may challenge whether the refusal was clear, whether officers properly explained the consequences, or whether medical or communication issues affected your ability to comply.

What if my job requires me to drive?

If driving is essential to your employment, a suspension can jeopardize your job. Your lawyer may argue for alternative penalties, request a restricted license, or highlight your work requirements at sentencing. Some employers may also require proof that you are addressing the DUI, such as completion of alcohol education or installation of an ignition interlock device.

Can my license be suspended for DUI drugs (DUID) even if no alcohol was involved?

Yes. The DMV can impose suspensions for driving under the influence of drugs, including prescription medications or cannabis. Chemical testing challenges and procedural defenses are especially important in DUID cases, since establishing impairment is more complex. The same deadlines and DMV hearing procedures apply.

Contact a DUI Suspension Lawyer Today

At McElfresh Law, we have been representing individuals charged with criminal offenses for years. We understand the importance of having your driving privileges and we offer high-quality legal representation for both DUI court matters and DMV hearings. We focus on criminal defense litigation and possess valuable experience that is critical to securing your freedom and avoiding a suspension of your driving license.

The loss of your driving privileges has a huge impact on you, your family, and your ability to earn a living. Do not leave it up to chance. Trust San Diego DUI attorney Jessica McElfresh to help you today. Call for a free consultation a (858) 756-7107.