License suspension for a second time DUI
Under California law, a second time DUI can trigger a mandatory license suspension for a second time DUI. A suspension can also occur if you do not request a DMV hearing within ten days of your arrest. It can also occur if do not hire an Orange County DUI Lawyer and then you lose your DMV hearing, or by being convicted in court, even if you win the DMV hearing.
The suspension time period for a second time DUI is one year, although you may be eligible to obtain a restricted license, which allows you to drive before one year. You would get a full license back once you have completed a multiple offender alcohol program, file an SR-22, and pay a re-issuance fee. If there was a refusal, then the suspension can be longer. Same with a further prior within 10 years. In those situations, a restricted license is unavailable.
A Restricted License after suspension for a second time DUI
A restricted license is available for second-time offenders who take certain actions. A restricted license allows you to travel to and from work, and drive for work purposes during the work day. It also allows travel to and from any school, including the mandatory alcohol school.
In order to get a restricted license, you will need to do the following:
- File an SR-22 form through your insurance company, and keep it on file for three years;
- Enroll in a multiple offender program alcohol schools; and
- Pay a $125 re-issuance fee.
As long as there was not a DUI with refusal alleged, and if you install an ignition interlock device (IID) in your vehicle, then you can drive after a 90-day suspension on a restricted license. Driving is to and from work, school, and during the work day for work purposes. The restricted license will require you have an IID in any vehicle that you own, or operate, for a full twelve (12) months.
License suspension for a second time DUI from Court Convictions
The court takes no action on your driver’s license. Under California law, a judge cannot grant you a license, take away a license, or make your license restricted, suspended, probationary, or any other status.
However, a conviction in court for a DUI will cause an abstract to be transmitted to the California DMV. That document alleges that you were convicted of a two point alcohol related crime. That puts two points on your driving record (just like a wet reckless, or any DUI charge), and makes it a prior DUI conviction.
The DMV will then cause your license to be suspended as though it was a second time DUI, from the court conviction. This is even though the judge, or the court, never mentioned any action against your license.
As a result, a court conviction for a 2nd DUI can cause your license to be suspended.
License suspension for a second time DUI from DMV Actions
The DMV holds a hearing regarding your license, as an admin per se (APS) action. This is a civil type of hearing and only affects your driving privileges.
You have to request this hearing within 10 days of your arrest, or you lose the right to have this hearing at all, and your license is automatically suspended.
One of the issues in such a hearing is whether or not you were above a .08%, as Vehicle Code section 133353.2 requires. If you request a hearing and were not above a .08%, then you will win your DMV hearing, and the DMV will reinstate your driving privileges.
Contact us today if you have questions about your license, or if you or loved one is in need of help with a second license suspension and you are looking to hire an attorney for representation, contact us. We provide a free consultation in office or by phone.