CALIFORNIA CRIMINAL LAWYERS

DMV Points and DUI in Los Angeles

Legal Consequences of DUI Convictions in California

Driving under the influence (DUI) convictions come with many legal consequences in California. Beyond the direct repercussions faced in court, several additional consequences can arise regardless of the actual punishment received. As such, DUI convictions can entirely change the lives of affected drivers. In California, a DUI conviction results in the driver getting two points from the California Department of Motor Vehicles (DMV). This article takes an in-depth look at the legal consequences of DUI convictions in California, including conviction points and suspensions, lesser charges, and contesting suspensions.

Conviction Points and Suspensions

After receiving a DUI conviction, the driver is given two points by the DMV. The driver’s license gets suspended if the driver accumulates a certain number of points within a specific time frame. When a driver reaches the point threshold, their license may get suspended or revoked as a negligent operator. Drivers receive a suspension if they get four or more points within one year or six points over two years. A three-year period gets a driver’s license suspended if they get eight points or more.

Drivers can receive points against their licenses for various offenses, such as running a red light, making an illegal lane change, or speeding. Unlike DUI convictions, these violations are considered minor traffic offenses and only require a defendant and a judge. Upon receiving the citation, the driver can pay the ticket or request a trial. Traffic violations are usually settled by a judge, a court commissioner, or attorneys who act as judge pro tems. A traffic violation trial only involves the defendant, a judge, and the police officer who issued the citation. Alternatively, drivers can opt to enroll for traffic school, which doesn’t add points against their licenses, every 18 months.

Lesser Charges

California law grants drivers accused of DUIs two types of lesser charges instead of a DUI conviction: exhibition of speed and wet reckless. The wet reckless charge is allowed if the blood alcohol level was near the legal limit, and the driver had a clean record or if the initial reasons for the police officer’s involvement were questionable. The exhibition of speed charge applies if the blood alcohol level was within the limit, the driving record was clean, and there were no endangerment issues.

Contesting Suspensions

A DUI conviction leads to points being added to a driver’s record, which can trigger the suspension of their license. A driver whose license gets suspended still has the right to contest it. Successfully contesting a suspension may allow the driver to use a restricted license or choose a probation term instead of serving out the suspension period. Given the legal consequences of DUI convictions, Los Angeles DUI Lawyers can help drivers plot a way forward after a DUI conviction, which could involve contesting suspensions.

Table 1: California DMV License Suspension Thresholds

Table 2: California DMV Lesser Charges

Conclusion

DUI convictions can have lasting consequences for drivers in California. While the direct repercussions result from the court process, additional consequences can arise, including license suspensions due to point accumulation. However, drivers charged with DUI offenses in California can explore lesser charges such as wet reckless and exhibition of speed. Additionally, if a driver’s license gets suspended, they still have the right to contest it. To navigate these legal complexities, individuals charged with DUIs in California can seek the help of experienced legal professionals, such as Todd Spodek.