California uses a driver’s license point system to penalize drivers who break traffic laws or engage in careless driving. Drivers may face one to three points on their driving record for each offense, depending on the severity of the action.
Drivers who accrue enough points in a set period of time can face the loss of their driving privileges. A Los Angeles DUI lawyer can provide more information about this system, specific points for different actions, and information about protecting your driver’s license.
What License Point System Does California Use?
California uses a point system called the Negligent Operator Treatment System (NOTS). The Department of Motor Vehicles (DMV) administers this system and determines when someone should get a point on their license.
This points-based system allows the DMV to suspend an individual’s driving privileges if they accrue too many points on their driving record.
What Earns Points in California?
Drivers get points through NOTS for traffic convictions (or violations of the state’s traffic laws) and for causing accidents. Due to California’s comparative negligence laws, drivers can get points through NOTS even if they only hold partial fault for an accident.
Will the Point System Impact Your Insurance?
Each point added to your driver’s license in California can increase your insurance rates. Getting too many traffic violations in too short a period of time can significantly increase the amount you pay your insurance company every month.
One-Point Traffic Violation Convictions in California
Drivers may receive one point on their license if they get a ticket from a law enforcement officer for:
- Running a traffic light
- Exceeding the posted speed limit
- Running a stop sign in California
- Engaging in unsafe passing or an unsafe lane change
- Failing to stop for a school bus
- Failing to yield to pedestrians
- Making an illegal U-turn
- Violating HOV regulations
The above list contains only examples of traffic offenses that can result in one point added to your driver’s license. Other offenses can result in this penalty through the driver’s license point system.
Two-Point Traffic Violation Convictions in California
Some traffic violations result in two points in California. Examples of these offenses include:
- Exceeding 100 mph while driving
- Engaging in reckless driving
- Driving under the influence (DUI) or drunk driving
- Committing a hit-and-run
- Driving with a revoked license
- Driving with a suspended license
- Attempting to evade a police officer
California’s points-based system takes all of these actions seriously, especially driving under the influence of alcohol, which can result in the immediate suspension of your driver’s license, regardless of the points that you receive.
Your lawyer can explain more about how many points a DUI is in California and go over other charges.
Points for Commercial Vehicle Operators
Commercial drivers in California can receive up to three points on their license for a single driving offense because they receive points at 1 1/2 times their usual value while operating vehicles that require a Class A or Class B license.
For example, a commercial driver charged with reckless driving could receive three points on their driving record instead of two. A commercial driver who runs a traffic light could receive one and a half points instead of one.
You Can Receive Points for Out-of-State Convictions
California’s driver’s license point system will track traffic violations that occur out-of-state and add them to your license. For example, you can get two points on your license for a conviction for drunk driving in Arizona. These points impact your driving record in California.
Will Out-of-State Collisions Add Points to Your License?
An out-of-state accident can result in points on your license in California if the DMV receives information about the collision through:
- The Problem Driver Pointer System (PDPS)
- Another state’s law enforcement agency
- The National Driver Register
Sometimes, the other state does not enter enough information for California’s DMV to assess fault. You will not have points added to your driving record in these situations.
However, if California finds evidence of responsibility for an out-of-state crash, the DMV will assign points. For example, you may receive points if another state reports that you caused an accident while engaging in drunk driving.
How Many Points Can You Accrue in California?
The amount of points you can have in the driver’s license point system before losing your license varies. The idea behind the point system is that drivers who get a lot of points in a short period of time are more dangerous than drivers who get points only occasionally.
For that reason, California has different thresholds for losing your license. You may lose your driving privileges if you accrue:
- Four points in a one-year period
- Six points in a two-year period
- Eight points in a three-year period
The court starts tracking points from the date of the offense. So, if the court convicted you of reckless driving for an incident that happened on May 5, and then twelve months later, you had a DUI arrest on May 4, you would have 4 points in a year and lose your license.
But if the DUI arrest by a police officer happened two days later, on May 6, it would be more than a year, and the points would not cost you your license.
Some Drivers May Get a Higher Point Count
California allows some Class A and Class B drivers to accrue more points before they face issues with their licenses under VC 12810.5. Drivers may qualify if they:
- Request a NOTS hearing
- Appear at the hearing
- Their points are not attributable to the operation of vehicles requiring a Class C license
These drivers cannot request a higher point count if they hold some special endorsements or certificates. For example, drivers cannot request more points if they have a certificate to operate a(n):
- School bus (Or school pupil activity bus)
- Ambulance
- Youth bus
- Tour bus
Drivers with endorsements for farm labor equipment, transport of hazardous materials, and general public paratransit cannot request extra points. A criminal defense lawyer can provide more information about California’s points-based system.
What Can You Do if You Have Too Many Points?
You may have a chance to keep points off your license after receiving a traffic ticket as a first-time violator of traffic laws. Generally, you have to sign up for a California driving school or driver improvement program to handle the points.
Completing a safe driving course can prevent the insurance company from raising your rates and help you protect your driving privileges.
You can join a driver improvement program if you:
Determine Your Eligibility to Attend a Driver Improvement Program
The court will tell you if you qualify to attend a driver improvement clinic. Generally, you can participate if you:
- Received a ticket for an infraction
- Have a valid license
- Were not operating a commercial vehicle
Additionally, you cannot attend a driver improvement clinic if you have already taken a course within the past 18 months.
Sign Up for a Safe Driving Course
You must sign up for the course after receiving approval from the court. In many cases, you can complete the course online or in person.
Complete Your Course
You have to attend all the lessons and then take a final exam to complete the driver improvement program. Once you pass the safe driving exam, you’ll receive a certificate reporting your successful completion of the course.
Notify the DMV
You must send the DMV your course completion report to establish that you took and completed the safety training. Some driving training schools will automatically send the DMV the report on your behalf; in other cases, you may have to send it personally.
Completing this kind of defensive driving school can help you keep your insurance rates lower and keep points off of your license.
Does Defensive Driving School Remove All Points?
Drivers can only attend defensive driving school for specific offenses. Generally, you cannot participate in a defensive driving school to remove points for:
- Offenses like failure to appear in court (non-moving offenses)
- Any misdemeanor offenses
- Offenses related to alcohol usage (driving under the influence or wet reckless charges)
- Any infractions that involve a commercial vehicle
For example, you could attend a defensive driving school if you ran a traffic light or got a speeding ticket and got a point on your license. Under California’s points-based system, completion of the defensive driving school could remove a point from your license.
However, you cannot remove the two points associated with an arrest for driving with a high blood alcohol concentration through a defensive driving program.
Do Points Come Off Your License Eventually?
Generally, points come off your license following a three-year period in California. However, some traffic violations remain on your license past the three-year period due to the rules in the driver’s license point system.
For example, the points-based system keeps track of DUI convictions for up to 10 years. California takes driving under the influence of alcoholic beverages very seriously. A licensed driver who faces this kind of major offense can get professional help immediately from a lawyer.
A Lawyer Can Help Keep Points Off of Your License
The best thing to do after getting a ticket is to fight the charges. If you avoid a conviction, you will not get the points, period. This resolution can help you keep your driver’s license and prevent the excessive penalties that DUI and other offenses now carry.
You do not have to attend a safety course or wait through the three-year period to have points taken off your license if a lawyer can resolve your charges.
You can reach out to a criminal defense attorney immediately for help with DUI charges. An attorney may help by:
Getting Your Charges Dropped
A lawyer can push the court to drop your DUI charges if the prosecution lacks enough evidence to secure a conviction or if the police violated your rights. For example, the court may dismiss charges if the police stopped you without reasonable cause.
Get Your Charges Reduced
In some cases, a lawyer may advise you to accept a plea bargain to lower charges for a DUI. The prosecution may not offer this kind of deal to a high-risk driver. You must accept fault for a less serious charge to take a plea bargain.
Represent You in Court
Finally, an attorney can represent you in court if you face charges for driving under the influence. An attorney can help you avoid fines, time in county jail, and the suspension of driving privileges. You can learn more by reaching out to a law firm today.
Learn More About the Driver’s License Point System
You can get more information about the driver’s license point system from a team of legal professionals. Our team can help you get in touch with a DUI lawyer in Los Angeles if you face an arrest for driving under the influence of alcohol or drugs.
Find out more by calling or completing our online contact form.