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DMV License Suspension Second Offense

If you are arrested for a second time California DUI, a private defense attorney from Ross Law Center can help you prevent the suspension of your license 2 ways:

1. Request a DMV hearing within 10 days of your arrest and win the hearing.

- After your driver’s license is confiscated, it will be sent to the California Department of Motor Vehicles (DMV) and will automatically be suspended unless you request a DMV hearing within 10 days of your arrest. The suspension begins after the pink forms 30-day temporary license expires.

- If you request a DMV hearing within 10 days of your arrest, you can delay your suspension until your hearing is complete. You will avoid suspension if you win your hearing, but may receive a different suspension if you are convicted in court of a DUI.

2. Win your DUI case in court

- After your DMV hearing and regardless of the outcome, the California criminal court process begins with you, your California DUI defense attorney (if hired), the prosecutor, the judge and perhaps a jury.

- Your case will begin with an arraignment and end with an acquittal or sentencing for the charges against you. 

Court Triggered DMV License Suspension for a Second Offense California DUI

If you are convicted in court of a second California DUI or a wet and reckless within 10 years, there is a court-triggered 2-year license suspension. The court will notify the California DMV of your conviction and the DMV will impose the suspension.

If you go to court and win your case or have the charges reduced, you may avoid the court-triggered suspension.

If you go to trial and result in a “not guilty” verdict, hung jury, or mistrial you may also avoid the court-triggered suspension.

Administrative DMV Suspension for a Second Offense California DUI

If your blood alcohol content (BAC) was .08 or higher at the time of your second DUI arrest, the California DMV will automatically attempt to have your license suspended due to an administrative per se violation (APS).

After your second California DUI offense, you have 10 days to request a DMV hearing from the California Department of Motor Vehicles. This will give you the chance to put a temporary hold on your driver’s license suspension.

- The DMV asks three 3 questions before they decided to suspend your license or delay your suspension.

1. Were you lawfully arrested?

2. Was your blood alcohol concentration (BAC) 0.08% or higher?

3. Did the arresting officer reasonably believe that you were driving under the influence (DUI)?

- You have the right to be represented by a DUI attorney at your DMV hearing. The DMV hearing is independent of your court case, but having a private attorney represent you highly increases your odds of saving your drivers license.

- DMV hearings are conducted over the telephone or in person.

If you or your private defense attorney does not request a hearing within 10 days, the DMV may automatically suspend your driver’s license.

If you loose your hearing, the California DMV can suspend your driver’s license for one year due to your first DUI on the record (within 10 years). If you win your hearing, the California DMV will not impose an administrative license suspension.

If your blood alcohol content (BAC) is lower than .08 at the time of your second arrest, the California DMV will not attempt to have your driver’s license suspended. (Vehicle Code 13353.2). If you submitted to a chemical test and the results later show that your blood alcohol level was below .08, the California DMV will also not suspend your license.

Court Triggered DMV License Suspension vs. DMV Hearings for Second Offense California DUI

Your California DMV hearing and your Court trail are independent of each other.

The California DMV hearing only deals with your driving privileges based on the details of your second DUI arrest.

- You have the right to be represented by a private defense attorney at your California DMV hearing. Having a private attorney represent you highly increases your odds of saving your driver’s license. A public defender will not represent you for a DMV hearing.

- There are several benefits to having your private attorney represent you for your California DMV hearing, with the main one being saving your driving privileges. This is your private attorneys first opportunity to quickly expose possible mishandling by the police department and weakness in the prosecution’s case. Your attorney can also cross-examine and subpoena the arresting officer about your case and the officer’s transcript can be useful in negotiating a lesser charge later in court.

- California DMV hearings are conducted over the telephone or in person.

The Court trial will deal with the criminal act committed and whether you are guilty or not guilty of that criminal act.

Ross Law Center highly recommends hiring a private defense attorney for a second DUI offense, as a conviction can lead to jail time.

- The outcome of your DMV hearing has no effect on your DUI court proceedings. The decision made by the California DMV is completely separate from the criminal charge, sanction, penalty or decision.

- During your Court trial you or your attorney must be present at all scheduled hearings. This includes your arraignment in California criminal court.

- Your case will begin with an arraignment and end with an acquittal or sentencing for the charges against you.

If you are convicted, your case will remain open in California throughout your probationary period and until your court obligations are fulfilled.

If you are acquitted of DUI charges in court, a revocation or suspension may be reversed by the California DMV. This will be decided by the DMV if they see that the courts decision is an acquittal on the charge of driving with .08 or higher BAC (Vehicle Code 23152 (b)).

If your DUI charge is reduced to reckless driving in the criminal court this will not affect your driving privilege suspension. The criminal court is independent from the California DMC administrative decisions.

 

If your charge is dismissed or not filed by a District Attorney because of lack of evidence, or filed and later dismissed by the court because of insufficient evidence and you previously lost your California DMV hearing, you may have a renewed right to a hearing within one year of your arrest date.

Obtaining a Restricted License after a Second Offense California DUI

After your second DUI arrest, the California DMV allows you to file for a restricted driver’s license or to fully reinstate your license following your suspension by filing a SR22 form. You may also need to maintain your SR22 with the California DMV for 3 years after your license is reinstated.

A restricted driver’s license will allow you to drive to and from work, school, and California DUI School.

The California DMV Administrative Per Se (APS) suspension for a second DUI offense is 1 year if there is a first time California DUI on your record within 10 years.

- You can apply for a restricted license after 90 days after your initial suspension began if you submitted to a chemical test and install an ignition interlock device (IID) in your vehicle. You will need to keep the IID installed for one year. You are permitted to drive anywhere as long as it is in a car with an IID device. You cannot avoid having to install the ignition interlock device (IID) if you want to receive a restricted license.

- You cannot apply for a restricted license if you refused a chemical test when you were arrested for your second DUI. You may also receive a 2-year license suspension if you refused the chemical test.

After the suspension period had terminated, you must file to have your California driver’s license reinstated. This can be done by filing a SR22 form with the California DMV.

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