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Penalties – License Suspension

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Penalties -License Suspension

If you lose your DMV Hearing and there was not a refusal [1], you face the following license suspensions:

First Time DUI

– the DMV will suspend your license for a minimum of one month. After this one month suspension of your license, if you:-

  1. Enroll in an alcohol class [2]
  2. File proof of insurance (SR-22, proof of financial responsibility [3])
  3. And pay a DMV license reissue fee of $125

… then you are eligible to install an Ignition Interlock Device (IID) [4] and obtain an IID-restricted driver license with unlimited driving privileges.  This applies to convictions in the four IID pilot counties of Los Angeles, Alameda, Sacramento and Tulare which occurred on or after July 1, 2010.

In summary, on a first time DUI in Los Angeles County, you cannot drive for 30 days if you lose your DMV hearing but after 30 days you can get an IID-restricted license with unlimited driving privileges.

Second Time DUI within 10 years

– the DMV will suspend your license for two years if you lose your DMV hearing.  NO DRIVING AT ALL IS ALLOWED FOR THE FIRST 90 DAYS. YOU ARE NOT EVEN ALLOWED TO DRIVE TO WORK.

People cannot believe the DMV will not allow a restricted license during this 90-day period but the law is brutal and merciless on second DUIs and your license will be suspended for two years – WITH NO DRIVING ALLOWED AT ALL for 90 DAYS by the DMV for a second time DUI.

After 90 days of no driving at all and installation of an ignition interlock device [4], you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons.  The DMV will notify you if and when you are eligible to apply for a restricted license.

Note: The 90-day no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

Third Time DUI within 10 years

– the DMV and the Court will attempt to revoke your license for three years so you cannot drive at all. After six months of no driving at all, you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons, subject to certain conditions including, among other things:-

Note: The 6-month no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

The DMV will notify you if and when you are eligible to apply for an IID-restricted license.