Drivers License Suspension for a 1st-Time DUI in California

A first-time DUI conviction in California triggers a six-month driver’s license suspension. However, you can usually continue driving with an ignition interlock device in your vehicles.

The only way to avoid a license suspension altogether after a drunk driving arrest is to win both your:

• Criminal case and
• DMV hearing.

The following chart summarizes the license suspension periods in DUI-1st and other drunk driving cases.

In the article below, our California DUI lawyers will address:

• 1. Court-Triggered Suspension
• 2. DMV-Triggered Suspension
• 3. Court vs. DMV Cases
• 4. Restricted Licenses
• Additional Resources

For more information on DMV and Court Triggered License Suspensions, please feel free to also visit our pages on: Second-Time DUI & Driver’s License Suspensions and Third-Time DUI & Driver’s License Suspensions.

1. Court-Triggered Suspension

A criminal conviction for a first-time DUI in California carries a six-month license suspension pursuant to Vehicle Code 13352(a)(1).¹ A judge, however, does not impose this suspension: Instead, the court notifies the DMV, which imposes the suspension.

If you get the drunk driving charge reduced to reckless driving or another offense, then there is no court-triggered license suspension.

Note that the DMV usually allows you to continue driving anywhere during your license suspension if you agree to install an ignition interlock device in your cars.

Also note that if you go to trial, there will be no court-triggered suspension if the trial ends in a:

• acquittal,
• mistrial, or
• hung jury.

DUI defendants can usually drive right away with an ignition interlock device in their cars.

2. DMV-Triggered Suspension

If you lose or fail to request your DMV hearing – which is an administrative proceeding entirely separate from your criminal case – the DMV will impose a four-month suspension for a first-time DUI. Though if you have an IID installed, you can usually keep driving.

You have only ten days after your arrest to request a DMV hearing, which puts a temporary stay on the suspension of your license. If you neglect to request a hearing in time, your four-month license suspension begins 31 days after your arrest.

Note that if your blood alcohol content (BAC) is less than .08%, then the DMV will not impose an administrative license suspension at all. However, you could still be convicted in criminal court for being “under the influence.”²

DMV hearings are difficult to win because they require a much lower burden of proof than criminal court does. Having an experienced attorney representing you maximizes your odds of winning.³

If you lose both your:

• DMV hearing (which carries a four-month suspension) and
• Cciminal case (which carries a six-month suspension),

you serve both suspensions concurrently, not one-after-the other. Therefore your license will be suspended for six months, not ten.⁴

3. Court vs. DMV cases

The DMV hearing and criminal court case are independent of each other. While the DMV hearing deals solely with your driving privileges, the criminal court case can potentially impose jail, fines, and other penalties.

Some other important distinctions between the DMV and criminal court proceedings include:

• You have discretion whether or not to have a DMV hearing and whether or not to have an attorney present at the hearing. In contrast, the criminal court process demands that either you or your attorney be present at all scheduled hearings.
• A victory at a DMV hearing has no direct effect on your criminal court proceedings. In contrast, if you are acquitted of DUI in criminal court, the DMV can lift your suspension.
• If you lose your DMV hearing, but then criminal charges are never filed or dismissed due to lack of evidence, you may have a renewed right to a hearing one year after your arrest date.
• The DMV can still suspend your license for DUI even if your criminal charge gets reduced to reckless driving.

4. Restricted Licenses

There are two types of restricted licenses in California driving under the influence cases: 1) an IID restricted license, and 2) a restricted license:

IID Restricted License

As discussed above, IID is short for an ignition interlock device. This is a breathalyzer that stops your car from starting if it detects you have been drinking.

The California DMV usually allows you to continue driving anywhere during your license suspension if you agree to install an ignition interlock device in your cars.

To get an IID restricted license, you need to:

• file an SR22 form,
• complete DUI school, and
• pay all fees.

Restricted License

A restricted license from the California DMV enables you to drive:

• during the course of your employment,
• to and from work, school, and/or
• to and from DUI school.

How soon you can get a restricted license depends on whether the criminal court or the DMV triggered the suspension, as this chart illustrates:

If you refused the chemical breath or blood test following your drunk driving arrest, the DMV will impose a one-year license revocation with no chance of getting a restricted license. It does not matter if your criminal charges get dropped.

Once the suspension period has terminated, you must obtain SR22 insurance to reinstate your license.

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for driving under the influence.
5. MADD – Non-profit organization devoted to stopping drunk driving.