Sunday, October 10, 2010

IF DMV suspends & California DUI attorney cannot avoid license action, how long is it?

Your goal is to avoid a California DMV suspension arising out of a DUI. But many unfortunate times folks do not retain a DUI defense attorney. So what can happen?

If you were 21 years or older at the time of a California DUI arrest and you refused or failed to complete a California DUI blood or breath test, or a urine test:

* A first California DUI offense will result in a 1-year suspension.
* A second California DUI offense within 10 years will result in a 2-year revocation.
* A third or subsequent California DUI offense within 10 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested for a California DUI or 23136/23140 violation and you refused or failed to complete a PAS test or other California DUI chemical test:

* A first California DUI offense will result in a 1-year suspension.
* A second California DUI offense within 10 years will result in a 2-year revocation.
* A third or subsequent California DUI offense within 10 years will result in a 3-year revocation.


How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following any conviction in California DUI criminal court?

The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for California DUI.

The suspension or revocation following a California DUI conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.