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California DMV License Suspension

Our Firm is Backed by Years of Experience

When a driver is arrested for DUI in California, a choice is given to either perform a blood or breath alcohol test. A driver’s license can be immediately confiscated by police if:

  • A breath test indicates a .08% blood alcohol level or more.
  • The individual refuses to submit to chemical testing (unless it is an out-of-state license with documentation from the California DMV).

On a first offense, the license will be suspended for four months. This can be reduced to one month, followed by five months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the “SR-22” form). 

If the case involves a refusal to submit to chemical testing, the suspension is for one year. No work restriction is possible. A second offense within ten years carries a one-year suspension or two years if a refusal. For a discussion on California’s ignition interlock laws, including information on how to obtain a restricted license, see California Ignition Interlock Requirements.

The individual or their DUI attorney has ten days to call the Drivers Safety Office of the Department of Motor Vehicles to contest the suspension at an administrative hearing. This is called the Administrative License Suspension (“ALS”).

Don't hesitate to reach out. Call our firm today at (562) 330-4173 to schedule an initial consultation.

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving (.21%)
  • Reduced to Exhibition of Speed (fine) Original charge - Drunk Driving
  • Reduced to Wet Reckless Original Charge - Drunk driving
  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving (.26% accident)
“I would recommend this firm with no qualms!”
“I received counsel in a sensitive legal matter from Lawrence Taylor Sr., and his advice was spot on. I did some research and I also know that the senior Mr. Taylor is in the top echelon in his field. He has written text books on DUI and he has taught the t”
Jerry S.

DMV License Suspension Hearing

It is strongly recommended that a DMV suspension hearing be requested. NOTE: The DMV must be contacted by the individual’s attorney within ten calendar days of the arrest. After ten days, the DMV will refuse to provide a hearing, and the suspension will automatically take effect in thirty days. 

If unable to find a DUI attorney within the ten-day window, the individual should contact the local DMV Driver Safety Office. In Southern California, the main offices are located in El Segundo, City of Commerce, City of Orange, San Bernardino, Oxnard, and San Diego.

In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand — and will receive — an extension of the temporary license (called a “stay”) until the hearing is provided and a subsequent decision rendered.

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Protecting Your Driving Privileges

Focused defense to maintain your mobility and freedom
We Wrote The Book on DUI Defense

Lawrence Taylor, a renowned authority in DUI defense, is the author of the most respected and widely acclaimed textbooks in the field.

His seminal work, Drunk Driving Defense, now in its Ninth Edition, has set the standard for DUI litigation for decades. Its success led to the creation of California Drunk Driving Defense, a state-specific guide providing targeted strategies for defending DUI cases in California.

Both volumes are updated annually to keep defense attorneys at the forefront of DUI law, forensic science, police procedures, and trial tactics.

Decisions & Suspensions

A decision usually takes several days. However, it can take up to several weeks for a decision to be made. Decisions can be appealed to the DMV in Sacramento and/or to the courts by filing a “writ.” Note: An Administrative Per Se (APS) suspension is based upon California’s “implied consent” laws: any person driving in this state is “presumed” to impliedly consent to chemical testing if he is suspected of drunk driving. Note: Neither a plea to a reduced offense (for example, “alcohol-involved reckless driving,” aka “wet reckless”) nor a dismissal of criminal charges is a defense to an APS suspension. The only court proceedings that will have any impact on the DMV is an acquittal or finding of innocence on the .08% charge. Similarly, a “set-aside” in the DMV hearing has no effect on the criminal proceedings.

If you need legal counsel in the face of a possible license suspension, The Law Offices Of Taylor & Taylor can help. Call (562) 330-4173 or fill out our online contact form today.

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