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Understanding DUI Suspensions in California
Driving under the influence (DUI) is a serious offense in California with legal consequences that include license suspension. According to California Vehicle Code Section 23152 VC, DUI of drugs and alcohol constitutes different charges. A driver found guilty of DUI may face two kinds of suspension under the California law, alcohol and drugs. It’s vital to seek legal guidance from Los Angeles DUI lawyers when facing DUI charges to avoid heavy penalties and fines.
If an officer stops you while driving and suspects that you are under the influence of alcohol, they will request a breathalyzer test. If the blood alcohol content (BAC) indicates that it’s over .08, you’re arrested and charged with a DUI. After the arrest, there is an automatic suspension of your driver’s license. Your license is suspended 30 days after the arrest. Expect to receive a notice of the Administrative Driver’s License Suspension when charged with a DUI. However, you can request a hearing with the DMV within ten days of the arrest to contest the suspension.
The DMV hearing officer will review the evidence presented, and decide whether or not to suspend your license. As the results of your blood alcohol content (BAC) test may take several weeks to come back, the option is to have a hearing with the DMV officer so that you can continue driving until the test result confirms whether or not your BAC was over or under the required limit.
There’s no automatic driver’s license suspension in California for a DUI of drugs charge. If you’re caught driving while under the influence of drugs, the arresting officer charges you with a DUI. The judge can then impose a court driver’s license suspension after the trial. A guilty finding means that the court suspension will be issued to the DMV for enforcement.
According to California Vehicle Code Sections 23152(e) VC and 23152(f) VC, drivers who are found guilty of DUI will have an ignition interlock device installed in their car. The device ensures that a driver who wants to restore driving privileges after a DUI conviction doesn’t drive under the influence again. The interlock device is typically an option given to those who want to receive their driving privileges instead of having their license suspended.
An ignition interlock device is a small breathalyzer machine attached to a car’s ignition system. When the driver breathes into its tube, the device reads their breath-alcohol level to determine if they’re driving under the influence. If the driver’s level is within the pre-set legal limit, the car starts. If otherwise, the vehicle won’t start.
Suppose you receive a court order to install an ignition interlock device. In that case, you must have it installed for at least five full months before you can have your regular driving privileges restored by the state of California. It’s essential to note that certain offenders, such as those charged with lesser offenses under the California Vehicle Code Sections 23103 VC and 23109(c) VC like reckless driving or exhibition of speed, may not be required to deploy the ignition interlock device.
The table below highlights some of the requirements for installing the ignition interlock device in California:
| Condition | Requirements |
|---|---|
| First-time DUI Offenders | Installation of the IID for at least five months |
| Second-time DUI Offenders | Installation for at least 12 to 24 months |
| Third-time DUI Offenders | Installation for at least two to three years |
It’s essential to seek immediate legal assistance from qualified Los Angeles DUI lawyers when facing DUI charges. They will help you contest or negotiate the DUI charges against you, including the driver’s license suspension. While some charges may not require the ignition interlock device, every arrangement should be made to have one installed to restore your license. Remember, having an interlock device installed on your car might shield you from heavier penalties and fines for DUI.
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