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The Consequences of a DUI: License Suspensions and Restricted Licenses
If you’re convicted of driving under the influence (DUI), you may expect to face jail time, probation, and a fine. However, what you might not expect is an additional penalty of a suspension of your driver’s license. In fact, a license suspension is one of the most challenging consequences of a DUI, especially if you rely on driving for work, family obligations, or daily tasks. In this article, we will discuss the possibility of obtaining a restricted driver’s license to alleviate some of the challenges and examine the various ways you can face a license suspension after a drunk driving conviction.
Restricted Driver’s License
Your first question after a DUI charge is what your Los Angeles DUI lawyer can do to help you save your driver’s license. If your license is suspended, you might be eligible for a restricted license that permits you to drive under certain circumstances. You can typically drive to and from work, drive in the course of employment, travel to court-ordered substance abuse treatment, attend court appearances, community service, and community labor hours. However, violating the terms of your restricted license is a crime that can result in additional penalties, fines, and even jail time. Therefore, it is vital to strictly follow the restrictions and seek the guidance of your DUI lawyer.
Ignition Interlock Device
Another circumstance in which you might be eligible to drive during your license suspension is when you install an ignition interlock device on your car. An ignition interlock device ensures that you don’t start your car while you have an alcohol level above the legal limit. The device measures your breath to detect alcohol content before allowing access to your vehicle.
License Suspension
Several situations can lead to a license suspension after a drunk driving conviction. You may face an administrative suspension for refusing to take a chemical test, or if you failed one, have a prior offense, or got a conviction for a drug-related driving offence. However, depending on your circumstances and reasons for the suspension, you might be eligible to contest the suspension. The window for filing paperwork to contest administrative suspension is relatively short, and it is critical to work with an experienced DUI lawyer immediately.
Restoration of License
Even if the Department of Motor Vehicles (DMV) orders that you serve your license suspension, you may qualify for a restricted license after completing the suspended period. To obtain a restricted license, you must provide proof of participation in driver and drug abuse education coursework, pay a reinstatement fee, and maintain special insurance. However, requirements vary from case to case, and any deviation from them can result in further penalties, fines, or rejection, emphasizing how crucial it is to have a DUI lawyer guide you through the process.
Seek Legal Advice
Driving is a necessity for many people, and a license suspension can have life-altering consequences. To protect your license, it is vital to work with an experienced DUI attorney who will help you evaluate your specific circumstances and develop an appropriate defense. Even if your license is less important than your goal of avoiding jail time, your DUI lawyer can craft the plan for your defense. In conclusion, facing a DUI can quickly become overwhelming, but with the right representation, you can mitigate the consequences and begin to move on with your life.
| Offense | License Suspension Length | Minimum Restricted License Waiting period |
|---|---|---|
| Refusing to take a chemical test | 1 year | None |
| First DUI offence | 4 to 10 months | 1 to 2 months |
| Second DUI offence | 2 years | 90 days |
| Third DUI offence | 3 years | 6 to 12 months |
If you have been charged in California with drunk or drugged driving, you will face a two-part process; the first is a court case, and the second is an administrative hearing with the DMV. One of the consequences from the DMV hearing can be a license suspension. It is imperative to work with a lawyer who specializes in DUI cases to assist in disputing this charge as early as possible.
If you have refused a chemical test, your license will be suspended for a full year. If you are facing your first DUI offense, your license may be suspended from between four to ten months. If you have a second DUI offense, your license may be suspended for two years. Finally, if it is your third DUI offense, your license may be suspended for a maximum of three years.
After the suspension period is over, you may be permitted to apply for a restricted license by providing proof of enrollment in drug or alcohol education classes, paying a reissue fee of $125, and submitting proof of liability insurance coverage for the restricted license. The table below signifies the duration of the waiting period to apply for a restricted license based on the offense.
| Offense | License Suspension Length | Minimum Restricted License Waiting period |
|---|---|---|
| Refusing to take a chemical test | 1 year | None |
| First DUI offence | 4 to 10 months | 1 to 2 months |
| Second DUI offence | 2 years | 90 days |
| Third DUI offence | 3 years | 6 to 12 months |
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