DUI arrests may trigger both a civil administrative license suspension action and a separate suspension resulting from a court conviction for DUI

Drivers arrested for DUI involving alcohol face suspension or revocation of their driving privilege by the DMV in two ways. The DMV will impose an administrative suspension 30 days after your arrest unless you request a hearing within 10 days, regardless of whether a case is ever filed in court. The DMV's mandatory actions unit will impose a suspension if they receive an abstract of conviction of a DUI regardless of the outcome of the admin per se action. The period of suspensions are supposed to offset so that the maximum period of suspension is the longer of the two.

Administrative Per Se Suspensions

The arresting officer will serve the person arrested with a notice of suspension/temporary license that is valid for 30 days. Although the temporary license is valid for 30 days, the driver only has 10 days from the date of arrest to request a hearing to contest the suspension. The DMV will not grant a hearing if a request is made after 10 days absent a valid and compelling reason for the failure to make a timely request.

The DMV hearings are held either telephonically or in person at the local DMV driver safety office for the area where the arrest occurred. The hearing officer is a DMV employee who is trained to do hearings but they are not lawyers. The hearing officer's duties are to present evidence to support a suspension or revocation, make rulings on the admissibility of evidence, grant or deny continuances, and render a decision after the hearing has been concluded. Generally, the decision will be mailed with a few days or weeks after the hearing.

The driver has the right to testify at the hearing, subpoena police officers and other witnesses, and present other evidence, including lab records and expert witnesses such as a forensic alcohol consultant.

First Offense Admin Per Se Suspensions

If this is your first DUI in the past 10 years (no prior convictions for DUI, either 23152(a) or 23152(b) V.C., Alcohol-related reckless driving (23103 per 23103.5 V.C., And no admin per se suspensions) and you lose the DMV hearing, the driving privilege will be suspended for 4 months. After 30 days of suspension, you are eligible for a restricted license to drive in the course of employment, you can obtain a restricted license by enrolling in an approved alcohol school, having your insurance company file proof of insurance in the form of a SR-22, and by paying a re-issue fee of $125.00.

If you refused or failed to complete a chemical test after being properly admonished of the consequences, your license will be suspended for one year and you are not eligible for a restricted license.

First Offense Suspensions Resulting From DUI Convictions

If the is the first conviction for DUI, the court will notify the DMV and they will send you a letter advising you that your license is suspended for 6 months starting on the date of conviction in court. This six month suspension can be converted to a six month restriction by filing proof of enrollment in an approved alcohol school, filing proof of insurance (sr-22), and by paying a re-issue fee. If you have an administrative suspension in effect, you would still have to serve the initial 30-day suspension before you are eligible for the restricted license. If you won your DMV hearing you are eligible immediately.

Caution: if you lost your DMV hearing and served your 30-day suspension and already have your restricted license prior to entering a guilty plea to a DUI in court, you must go back to the DMV after the conviction and pay an additional $70.00 Fee to keep your restricted license. You will not receive notice of the DMV suspension due to the court conviction until several weeks after the conviction and the DMV computers will show your license as suspended for DUI until you pay this fee and you could be arrested and your vehicle could be impounded if this fee is not paid.

Second Offense Admin Per Se Suspensions

If you have one prior DUI conviction, admin per se suspension or alcohol-related reckless driving conviction in the past 10 years, your license will be suspended for one year and you are not eligible for a restricted license. If you refused or failed to complete a chemical test after being properly admonished of the consequences, your license will be suspended for two years.

Second Offense Suspensions Resulting From Dui Convictions

A court conviction of a second offense DUI within 10 years will trigger a two-year suspension. You would be eligible for a restricted license after one year of suspension by filing proof of insurance, proof of enrollment in an 18 month alcohol school, filing proof of installation of an ignition interlock device and paying a re-issue fee of $125.00.

Third Offense Admin Per Se Suspensions

If you have two or more prior DUI convictions, alcohol-related reckless driving convictions or admin per se suspensions in the past 10 years, your license will be suspended for two years. You are not eligible for a restricted license.

Third Offense Suspensions Resulting From DUI Convictions

A court conviction of DUI with two prior convictions will cause your license to be revoked for 3 years. After 18 months of suspension, you are eligible for a restricted license by filing, proof of insurance, proof of completion of an 18 month alcohol school, proof of installation of an ignition interlock device, and paying a re- issue fee of $125.00.