California Drunk Driving Defense Lawyers

License Suspensions from a Second-Offense DUI

A person arrested for second time DUI in California faces a license suspension from two sources: (1) the DUI court, and (2) an administrative DMV proceeding.

Court-Triggered License Suspensions for Second-Offense DUI

If a person was convicted of DUI or wet reckless once before within 10 years, and he gets convicted of DUI again, the new conviction triggers a two-year suspension of the California drivers license. See Vehicle Code 13352(a)(3). However, if the current conviction is for reckless driving, exhibition of speed, or some offense other than DUI, this court-triggered license suspension is avoided.

Administrative License Suspensions for Second-Offense DUI

If the person’s BAC measured .08 or higher, or if a BAC test was refused, the DMV will also seek to impose its own one-year drivers license suspension on the second-time DUI offender. See Vehicle Code 13353.3(b)(2). This administrative suspension is separate from the court-triggered suspension. However, even if the driver suffers both suspensions, the total suspension period will not exceed two years.

The driver has a right to a DMV hearing to contest the administrative suspension. At the hearing, the DUI arrestee can challenge the suspension and can be represented by a DUI defense lawyer. If the DUI arrestee wins the DMV hearing, no administrative suspension is imposed. If he or she loses the DMV hearing, the two-year administrative suspension is imposed.

Avoiding the One or Two-Year Suspension for Second-Time DUI

The upshot is that if you were arrested for a second time DUI, you must do two things to avoid the one or two-year suspension of your California drivers license. First, you must avoid being convicted of DUI in court (or you must at least get the DUI charges reduced). Second, you must win your DMV hearing. If you fail either of these, the DUI will cost you driving privileges.

Restricted Licenses in a Second-Offense DUI Situation

If you suffered the 2-year drivers license suspension because of a second DUI conviction, you can get a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your SR-22 proof of insurance, and (3) have installed an ignition interlock device on your vehicle. The restricted license allows you to drive to work, school and an alcohol program during the balance of the two-year suspension period.