License suspensions are a common result of a conviction for driving under the influence (DUI) in California. In fact, the Department of Motor Vehicles (DMV) can suspend a driver’s license after they are arrested for a DUI and before they are ever convicted.
You may be able to get your suspended California driver’s license back if you win your DUI case. Go over the legal steps for reinstating your driving privileges here, with the Simmrin Law Group. Call (310) 896-2723 to learn more about handling the DMV after a DUI arrest.
Types of License Suspensions in California
Your California driver’s license can be suspended in two ways after a DUI arrest. You may face an:
Administrative License Suspension
The DMV can issue an administrative license suspension (or Admin Per Se suspension). This suspension begins automatically. It starts 30 days after your arrest. To prevent the suspension, you must request a DMV hearing within 10 days of your arrest.
Court-Ordered License Suspension
Drivers convicted of a DUI in California may also face license restrictions, including a suspension. However, California recently moved to require drivers convicted of a DUI to install an ignition interlock device (IID). You may be able to regain your license after a DUI in some circumstances.
Removing an Administrative License Suspension
As we’ve mentioned, the DMV can automatically suspend your license after a DUI arrest. This suspension can occur before you ever go to court for a DUI. If you later resolve your DUI charges successfully, you can get your driver’s license back.
You should receive documentation of your verdict or the outcome of your DUI case from the court. You can take this documentation to the DMV to get back your license. Generally, the DMV will reinstate your driving privileges if:
- You were acquitted or declared Not Guilty
- The prosecution dropped your case
- The court system issued a dismissal for your case
You should be able to get your license back with a short trip to the DMV in the above situations.
Reinstating Your Driving Privileges After a Plea Bargain
Sometimes, a criminal defense lawyer in Los Angeles will advise you to accept a plea bargain to handle your DUI charges. Plea bargains require you to plead guilty to a less severe charge to lower the penalties you face. They may be in your best interests; however, the DMV will sometimes maintain a license suspension if you accept a plea bargain.
For example, if you pled guilty to a “wet” reckless charge as part of a plea bargain, your license suspension may continue. In this situation, the DMV requires you to set up an additional hearing to get back your driving privileges. You can call (310) 896-2723 to get help with your DMV hearing in California.
Preventing an Admin Per Se License Suspension in California
As noted, the DMV can suspend your driver’s license automatically after a DUI arrest. However, if you request a hearing within 10 days of your arrest, you may be able to avoid this suspension. A DUI lawyer in Los Angeles can help you take care of your DMV hearing.
Your license should not be suspended if a lawyer can offer a strong defense in your situation. Demonstrating that you were not driving while inebriated, or that you were stopped without due cause, can allow you to retain your driving privileges.
Getting Back Your License After a DUI Conviction
You may be able to continue operating your vehicle in California even if you are convicted of a DUI. Since 2019, the state has required most drivers convicted of a DUI to install an IID on their vehicle. Once the DUI is installed, you can acquire an IID restricted license.
An IID restricted license allows you to operate your vehicle normally, as long as you take a blood alcohol content (BAC) test every time you start your vehicle and at regular intervals while driving. You will need to keep the IID installed for a set period of time, before removing it to regain your normal driver’s license.
Get Help Getting Your California Driver’s License Back After a DUI
You can get your California driver’s license back if you win your DUI case by working with a legal professional. A DUI lawyer in Los Angeles can help you handle the DMV. The team at the Simmrin Law Group can also work to ensure your license is not suspended in the first place. Contact us for a FREE case evaluation to go over your legal options.
You can reach us easily by filling out our online contact form or calling (310) 896-2723.