
You can lose your California driver’s license after a conviction for driving under the influence (DUI) in some cases. For example, a first-offense DUI conviction can result in a six-month suspension of your driver’s license.
However, California’s adoption of an ignition interlock device (IID) program means you may not lose your driving privileges after a DUI conviction. You can learn more about the effects of a DUI conviction with a Los Angeles DUI lawyer.
Do You Lose Your CA Driver’s License After a DUI Conviction?
Drivers convicted of a DUI in California may lose their original driver’s license as one of the state’s penalties for drunk driving. California reserves the right to revoke your driving privileges for breaking laws on driving under the influence of alcohol or drugs.
In addition to restrictions on your driving privileges, you may also face:
- Fines
- Jail time
- Orders to attend DUI treatment
A criminal defense lawyer can provide more information about the criminal penalties for a DUI. Note that you may obtain a restricted license after a DUI conviction and continue operating your vehicle.
When Do You Lose Your Driver’s License?
You may lose your California driver’s license before a DUI conviction. In fact, the police can take away your license at the time of your arrest, though they should provide you with a temporary license when they do.
The Department of Motor Vehicles (DMV) will review your charges 30 days after the date of your arrest. If the review goes on without your input, the DMV will suspend your license.
This administrative license suspension by the DMV may last four months for a first DUI offense. Generally, this period will run concurrently with any license suspension you get due to a DUI conviction.
Can You Prevent a DMV Suspension?
You can contest a DUI administrative suspension by requesting an administrative hearing. But you must act quickly. You have ten days to request a hearing to present a defense against this process. This hearing will happen quickly, as they schedule it within 30 days of your arrest.
If you don’t contest the administrative action, the DMV will suspend your license even if you are later found not guilty in the criminal proceedings. When the hearing comes up, you don’t have to represent yourself.
You may have your criminal defense attorney present at the DMV administrative per se hearing. Your lawyer can examine the evidence and even question witnesses on your behalf, helping you fight the automatic suspension.
Can You Lose Your License After the Administrative Hearing?
You may lose your license if the court convicts you of a DUI after the DMV allows you to continue driving. In this situation, you lose your driving privileges after the judge determines your sentence.
How Long Will You Lose Your License?
The time you’ll have to deal with a restricted license after a DUI will vary based on factors like:
The Number of Previous DUIs on Your Record
For a first-time DUI in California, you may face license restrictions for around six months. However, California considers all DUI-related charges priorable. They stay on your driving record for 10 years, and these prior convictions can be used in court to increase the penalties for DUI convictions.
The court may permanently revoke your license if you have four or more DUIs on your record.
Chemical Test Refusals
Refusing a test to measure your blood alcohol level after a DUI arrest can result in an increased license suspension period. Typically, drivers can legally refuse a blood, breath, or urine test before an arrest unless they’re under 21 or on probation.
However, this action can have legal repercussions.
Your Probation Status
Drivers on DUI probation at the time of a subsequent arrest will have additional time added to their suspension.
The Results of Your DUI
You may face harsher penalties if your DUI caused injuries or a death. An experienced lawyer can provide you with specific information about what to expect after a DUI conviction.
Can You Still Drive After a DUI Conviction?
Many motorists can still drive after a conviction for driving under the influence of alcohol through California’s statewide ignition interlock device pilot program. This program allows you to operate a vehicle with a restricted driver’s license if you install an IID on your car.
IIDs test your blood alcohol concentration level each time you attempt to use your vehicle. Drivers must use an IID for a period of one to four years, depending on their charges and the number of prior DUI convictions on their record.
So, will you lose your California driver’s license after a DUI conviction? In some cases, you’ll lose your driving privileges, but it’s more likely you can continue to drive if you install an IID.
How Do You Get Your Driver’s License Back?
The steps to get your license back may vary slightly depending on your number of prior DUIs. First-time DUI offenders can generally get back full driving privileges by:
- Serving out their full suspension or required restriction
- Providing evidence they completed a DUI program to the DMV
- Providing proof they have insurance to the DMV through an SR-22 form
- Clearing any outstanding revocations or suspensions
Typically, these drivers have to carry SR-22 insurance for three years. Taking these steps allows you to get back your license after a suspension of driving privileges after a DUI.
Learn More About Losing Your License After a DUI Conviction
So, do you lose your California driver’s license after a DUI conviction? California generally restricts your license and forces you to use an IID to operate your motor vehicle after a conviction. However, some drivers face a permanent license revocation.
You can learn more about DUI penalties and defenses against these charges with a criminal defense lawyer. You can contact us or fill out our online contact form to learn more about lawyers who can discuss potential jail time, fines, and other penalties.