License Suspension periods for DUI

On a first conviction for DUI in California, the mandatory actions department of the DMV in Sacramento will impose a six month license suspension for the conviction. This is dated from the date of the plea/conviction in court. The suspension can be converted to a restriction upon filing proof of insurance (SR22) and proof of enrollment in a first offender alcohol program.

However, by the time of the court conviction, most people will have already suffered a suspension as a result of the seperate administrative proceedings with the local driver safety office. This is a four month suspension that can be converted to a thirty day suspension followed by a five month period of restriction, by filing the SR22 and proof of enrollment in the alcohol program as above.

There are therefore, two seperate DMV suspensions for a DUI, which start running at different times.

Vehicle Code Section 13353.3(c) states that the above suspensions should run concurrently and that the total period of suspension should not exceed the longer of the two. I have confirmed with the legal department of the DMV that licensees should get credit for any period of suspension already suffered by the time that they are suspended again as a result of the court conviction.

If you need an explanation of the above or you have any other questions relating to suspension periods in DUI cases, please call Los Angeles and Orange County DMV lawyers Gold & Witham at 562 938 7771.


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