As the reader of this article may be generally aware, after one is convicted of DUI, the clerk in the courtroom will notify the DMV, which then sends a notice of suspension or revocation to the holder of a driver’s license.
Before such a notice arrives, however, our clients often ask how long the suspension will be and whether he or she can apply for a restricted license to keep driving to work, for shopping, for family needs, for school, etc. Some clients also ask that if installation of an ignition interlock device (IID) is required, how long the device must remain installed.
Our answers to these questions vary with the facts of the case, such as:
whether the driver was under twenty-one;
- whether there was a refusal to submit to a breath or blood test;
- whether the judge ordered the client to install an ignition interlock device (the judge can choose not to order this for financial reasons, if requested by counsel);
- whether the client’s blood alcohol content (BAC) was stipulated at sentencing to be 0.20% or higher;
- whether there was an injury or death in the case; and
- whether it was the first, second, third, or greater DUI within ten years.
If one was under twenty-one when driving under the influence of alcohol and convicted under Vehicle Code § 23140, 23152 or 23153 as a “first time DUI,” the court will notify the DMV and the DMV will then suspend the person’s driving privileges for a year. However, if the person under twenty-one did not refuse to submit to a breath or blood test, he or she can apply for a critical needs restricted license to go to and from work, school and / or alcohol awareness classes after serving the first 30 days of the suspension.
If the person under twenty-one at the time of driving refused to submit to a breath or blood test, the suspension can be up to two years and a critical needs restricted license is not available.
If the person under twenty-one at the time of the driving is convicted of a second DUI, the suspension is for two years. If the person under twenty-one is convicted of a third DUI, the suspension is for three years.
If the person is over 21 years old at the time of driving and is convicted of DUI, the court will notify the DMV and then the DMV will suspend the license:
- For a year if the person refused to submit to a breath or blood test and during that year, the person is unqualified for a restricted license;
- For six months for a first time offense and the person did submit to a breath or blood test, the judge ordered installation of an IID , the BAC was not stipulated to be 0.20% or higher and there was no injury or death. The person can then apply for a restricted license from the DMV, which if granted, allows the person to drive at any time to any place with the installation of an IID. The fee is $55 for a license reissue fee, a $15 restricted license fee and an IID restriction fee;
- For ten months for a first time offense with a stipulated BAC of 0.20% or higher, no injury or death, the person did submit to a blood or breath test and the judge ordered installation of an IID; and
- For a year if the judge did not order installation of an ignition interlock device, there was no injury or death, and the person did submit to a breath or blood test. The person can then apply at the DMV for an “employment / treatment” restricted license that lasts for a year. The fee is $55 to reissue the license and a $15 restricted license fee.
It is important to note that in applying for a restricted license from the DMV, either with an IID (for a five month period) or without an IID for an “Employment / Treatment” restricted license, one must show the DMV proof of enrollment in a DUI program, proof of insurance (SR-22) and pay the fees discussed above.
When the DUI is not the client’s first conviction for DUI within ten years, the suspension period set by the DMV is longer. It is two years for a second-time offender when there is no injury or death, but three years when there is an injury or death.
Unless the second-time offender refused to submit to a breath or blood sample, or was under twenty-one, the person is eligible after 90 days of actual license for a restricted license under Vehicle Code § 13352(a)(3) with IID installation that lasts one year if there was no injury or death, or two years if there was an injury or death.
When the DUI is the client’s third DUI within ten years, the suspension is three years if there was no injury or death or five years if there was an injury or death. Unless the person refused to submit to a breath or blood sample or was under twenty-one, the third-time offender is eligible after 180 days to get a restricted license with IID installation for two years if there was no injury or death or three years if there was an injury or death.
When the DUI is the client’s fourth DUI offense or greater within ten years, or if it is the client’s second or greater felony DUI within ten years, the DMV will suspend the license for four years if there was no injury or death, or five years if there was an injury or death. Unless the person refused to submit to a breath test, or was under twenty-one, the fourth-time offender or second or greater felony DUI within ten years, the person is eligible after one year to get a restricted license with IID installation for three years if there was no injury or death or four years if there was an injury or death.
There are certain exemptions to installation of an IID which may apply, such as being an out-of-state resident, if one has a medical condition preventing one from using an IID or the client simply does not own a car. The DMV suspension on driving, however, as discussed above, will nonetheless apply, depending on the facts of the case and one’s DUI history.
For more information about restricted licenses after a DUI or after a loss at a DMV Hearing, please click on the following articles: