Will I Lose My License if I Get a DUI in California?

Getting arrested for DUI in California can be a very stressful and overwhelming experience. While dealing with the legal consequences, you may have many questions in your mind, especially about your driving privileges. Losing your license is one of the most common concerns that people facing DUI charges have. In this post, we will discuss if it is possible to lose your license if you get a DUI in California, and what options you may have to protect your driving privileges.

The short answer to the question "will I lose my license if I get a DUI in California?" is yes, you might. When you get arrested for DUI in California, you face two separate legal actions: the criminal case, and the administrative case. The criminal case is the one you are probably the most familiar with, and it involves facing criminal charges in court, which can lead to jail time, fines, probation, and other penalties. The administrative case, however, is less known, but equally important. It concerns your license, and it can lead to an administrative suspension, which is entirely separate from any criminal penalties you may face.

The administrative suspension is triggered when you are arrested for DUI in California, and you either refuse to take a chemical test (usually a breathalyzer) or you take the test and your blood alcohol concentration (BAC) is over the legal limit of 0.08%. In such cases, the arresting officer will immediately confiscate your driver's license and give you a temporary license valid for 30 days. This temporary license allows you to drive for the next 30 days, but after that, your license will be suspended automatically. The suspension can last from 4 months (for a first-time offense with a BAC of 0.08% or more) to up to 3 years (for multiple offenses with high BAC levels).

However, just because your license is suspended administratively, it doesn't mean that it's lost forever. You can fight the suspension by requesting a DMV hearing within 10 days of your arrest. This hearing is your chance to present your case and convince the DMV officer that the suspension is not justified. You can argue, for example, that the arresting officer didn't have a legal reason to stop you or that the chemical test was not administered correctly. If the DMV finds in your favor, your license will be returned to you. If not, the suspension will take effect.

Another option you have to protect your driving privileges after a DUI arrest is to apply for a restricted license. A restricted license allows you to drive to and from work and school, and to and from any DUI-related programs you are required to attend during your suspension. To qualify for a restricted license, you need to enroll in a DUI school, file an SR-22 insurance form, and pay the required fees. Restricted licenses are only available after a 30-day hard suspension, which means that you cannot drive at all during this period.

Getting a DUI in California can have severe consequences, including the loss of your driving privileges. However, with the help of an experienced DUI attorney, you can fight the administrative suspension and protect your license. The key is to act quickly, request a DMV hearing within 10 days of your arrest, and explore all your options. Remember, losing your license is not the end of the world, and with the right legal assistance, you can get back on the road sooner than you think.