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Understanding DMV and Court License Suspension in Los Angeles
If you’re charged with driving under the influence in Los Angeles, you’ll receive two separate suspensions on your driver’s license: the DMV Administrative Suspension and the Court Suspension. Many individuals are not entirely aware of these suspensions and when they take effect. In this article, we will clarify the differences between the two licenses.
DMV Administrative License Suspension
When an officer arrests you for driving under the influence, they will take your license from you, and you will receive a notice stating that your DMV Administrative License Suspension will take effect 30 days from the date of your arrest. The suspension is automatic, meaning you will be officially suspended through state driving records when the 30-day mark arrives. However, this suspension can be delayed or declared unnecessary if you request an administrative hearing with the DMV.
To prevent the suspension, you must submit this request 10 days after the arrest date. If you fail to take this step, the suspension will automatically take effect following the 30-day waiting period. During the DMV administrative hearing, you will need to prove that there was no legal basis for your arrest. Hiring experienced Los Angeles DUI Lawyers can help you find compelling evidence to support your claim.
The administrative hearing is presided over by a DMV hearing officer who is not an attorney or a judge. The officer will consider the information presented by both the arresting officer and the individual arrested. Based on the evidence, they will decide whether to revoke the person’s driving privileges based on the individual’s behavior.
Court License Suspension
Once the DMV hearing ends, the DUI case goes to court where the individual is convicted, or their innocence is proven. During the court hearing, a judge determines whether you are guilty of the crime of driving under the influence.
In case you are found guilty, the judge can impose a court license suspension of the specific period outlined in California Vehicle Code Section 23152VC or Section 23153VC. This suspension is automatic, and the individual’s information is transferred to the DMV for suspension in their driving record.
However, there are some rare cases of wet or dry reckless driving and an exhibition of speed pursuant, where there are not suspensions triggered for the person’s record. The judge clearly states whether there will be a suspension instituted on the defendant’s record or not.
Consideration for First-Time Offenders
First-time offenders over 21 years of age are usually eligible to receive a restricted license if they choose not to refuse a test during their arrest. Under this program, Defendants receive a 30-day suspension. All the driving privileges are revoked during this time.
After the suspension period expires, the driver may participate in a restricted driving program. As per the DMV Ignition Interlock Pilot Program, the restricted driver can drive as long as they have an ignition interlock device installed in their vehicle.
The 30-day suspension you serve for the administrative suspension is considered to be time served for the court suspension. This means that if a judge orders you to undergo a 30-day hard suspension, the 30-day administrative suspension counts towards that suspension. In the end, you will only have one 30-day license suspension instead of two.
Table outlining DMV Administrative License Suspension vs. Court License Suspension
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