San Diego DMV DUI Penalties

Driving Under the Influence (DUI) is a serious offense in California. The penalties and consequences of a DUI begin even before a criminal conviction. In California, the Department of Motor Vehicles issues driver’s licenses and regulates the conduct of drivers. If you face an arrest for DUI, the DMV will immediately attempt to suspend your license.

You can fight the suspension by attending a DMV hearing where you can dispute the drunk driving allegations. A win in the DMV hearing means you can continue to use your license. If you lose the DMV hearing, you could face various penalties, including those relating to your driving privileges.

The penalties imposed by the DMV can significantly impact your daily life or even your livelihood, especially for commercial drivers. Therefore, you will need the insight of a competent DUI defense attorney after your arrest. At the Law Offices of Anna R. Yum, we offer the expert legal insight you need to navigate your DMV hearing and DUI criminal case in San Diego, CA.

An Overview of DUI in California

In California, DUI is charged under Vehicle Code 23152, which covers operating a vehicle with a blood alcohol concentration above the legal limit or while visibly impaired. California has some of the most stringent DUI laws, and a conviction for the offense can result in serious legal and collateral consequences.

The court or the Department of Motor Vehicles impose penalties for DUI. The DMV plays a critical role in monitoring the conduct of drivers. In a DUI criminal case, the court imposes penalties after your conviction. However, the DMV begins imposing administrative penalties, including license suspension, immediately after an arrest.

During the arrest, the officer will confiscate your driver’s license and inform you of your obligation to schedule and attend a DMV hearing. A win or a loss in the DMV hearing will determine the penalties you face from the DMV for your DUI.

The DMV Hearing for DUI in California

You have up to fifteen days after an arrest to schedule your DMV hearing failure, which could result in automatic license suspension. If you schedule a hearing, the DMV will hold it in their offices. The burden of proof at this hearing lies with the DMV. They must show that you were driving a vehicle and you were under the influence of alcohol or drugs.

An administrative hearing is less formal than a criminal court hearing. The hearing officer will review the following evidence:

• The police report. After an arrest, the arresting officer will write a report on their observations of your conduct relating to DUI. If you exhibit signs of intoxication after the DUI stop, the officer will indicate the information in their report. A DMV hearing officer will review it before deciding on your license suspension.
• Breathalyzer or blood test results. Your blood and breathalyzer test results are significant in your DUI criminal case and DMV hearing. If your BAC exceeds the legal limit, the DMV can use the information as a basis to suspend your license.
• Statements made to law enforcement. The information you provide during police interrogations can impact the outcome of your DMV hearing. Therefore, you must avoid making an admission of drunk driving. You can invoke your right to remain silent and seek legal representation.
• Evidence of whether you refused to submit to the chemical tests. As a holder of a valid driver’s license in California, you must submit to chemical tests done during a DUI investigation. Although an arresting officer cannot force you to take the tests, refusal to take a blood test can result in an automatic driver’s license suspension by the DMV.

You have the following rights at the DMV hearing:

• Right to legal representation. You have a right to be represented by a defense attorney at your DUI hearing. However, unlike a criminal case, the DMV is not obligated to appoint one if you cannot afford it.
• Right to present evidence. At the DMV hearing, the DMV officers will strive to prove that you were operating under the influence of drugs or alcohol. Therefore, you can present evidence to dispute the allegations.
• Right to bring and question witnesses. You can present witnesses to testify for you at a DMV hearing. Additionally, you could testify on your behalf.
• Right to cross-examine. The DMV will present witnesses to testify against you, including the arresting officer. You have a right to cross-examine the witnesses.
• Right to review and challenge. You can review and challenge the evidence presented by the DMV. Sometimes, a DMV hearing allows you to learn the evidence the prosecution has against you.
• Right to appeal the decision in court. After reviewing the evidence, a DMV officer will determine the outcome of your case. You have a right to appeal the DMV hearing if you lose.

If you win the DMV hearing, you can avoid the DMV penalties and continue to drive while awaiting your criminal trial. However, a loss in the DMV hearing can result in these penalties:

Driver’s License Suspension

The license suspension is the most significant penalty the Department of Motor Vehicles imposes for DUI offenses. After a loss in the DMV hearing, you could face a suspension whose duration varies depending on your criminal records and type of DUI. The period of suspension includes:

• First DUI Offense

The DMV will impose a license suspension of up to four months for a first DUI offense. However, the period could increase to one year if you failed to submit to the chemical tests administered during the DUI investigation.

• Second DUI Offense

You face an arrest for a second DUI if you have one prior conviction for DUI in ten years. If you submit the chemical test results and your BAC is 0.08% or more, you will face a driver’s license suspension for up to one year. The DMV will increase the license suspension period to two years as a penalty for refusing the chemical tests.

• Third DUI Offense

Individuals with two prior DUI convictions in ten years are charged as third-time offenders. The DMV imposes a driver’s license suspension of three years for your third DUI. You could face a lengthy suspension for refusing to submit to chemical tests.

• Fourth DUI Offense

You will face a DMV license suspension of up to four years for your fourth or subsequent DUI arrest in California.

• Underage DUI

California has zero tolerance for underage drinking and driving. A blood alcohol concentration of 0.01% or higher results in an automatic one-year license suspension, even for a first offense. Refusal to take a chemical test also leads to a one-year suspension.

• Commercial DUI

Commercial drivers are held to higher standards in California. Therefore, they face harsher consequences for drunk driving from the court and DMV. A DUI with a BAC of 0.04% or higher while operating a commercial vehicle results in a minimum one-year suspension of commercial driving privileges. A second offense leads to lifetime license revocation. These penalties apply even if the DUI occurred in a personal vehicle.

• DUI Causing Injury

Causing injuries while driving under drug or alcohol influence is an aggravating circumstance in your case. After your arrest and loss in the DMV hearing, you could face an administrative license suspension of up to one year for a first offense.

For a second or subsequent DUI causing injury, the DMV may impose a license suspension of up to five years. In cases involving felony DUI with injury or death, the DMV may even revoke your license.

Ignition Interlock Device (IID) Requirements by the DMV in California

An IID is a handheld breathalyzer connected to a vehicle’s ignition system. The device is designed to prevent a driver from starting the engine if alcohol is detected on their breath. The device plays a crucial role in reducing repeat DUI offenses.

The DMV requires individuals convicted of DUI to use an IID. These devices aim to enhance road safety by reducing drunk driving incidents. Additionally, it encourages responsible driving behavior. In California, IID requirements vary depending on the number of DUI offenses.

The Department of Motor Vehicles can order you to install the ignition interlock device on your vehicle after your DUI arrest. The duration of the IID varies depending on the nature of your DUI.

• First offense. For individuals convicted of a first DUI offense, the DMV will order an IID installation for up to five months.
• Second offense. A second DUI conviction requires the installation of an IID for a minimum period of one year.
• Third offense. After a third DUI conviction, the court may mandate the use of an IID for up to three years, depending on the circumstances of the case.

The financial responsibility for the IID falls on you. Installation costs range from $70 to $150. You must also cover a monthly maintenance and calibration fee between $60 and $80. After installing the IID, you must comply with regular servicing and calibration appointments.

Failure to follow IID requirements can result in extended license suspensions. Understanding these requirements is essential for DUI offenders who wish to regain their driving privileges.

SR-22 Insurance Proof

One of the most burdensome requirements after a DUI is the need to file an SR-22 form. This is a certificate of financial responsibility that your auto insurance company files with the DMV. It proves that you carry the minimum required liability coverage. Additionally, it shows that your insurer knows of your DUI status.

SR-22 insurance is not a special type of insurance. Instead, it verifies that you are adequately insured. Most DUI offenders must maintain SR-22 coverage for three years following their conviction. During this time, a lapse in coverage or policy cancellation is reported to the DMV. After receiving the report, the Department of Motor Vehicles can suspend your license.

Unfortunately, SR-22 filings can increase your insurance premiums. Insurance providers associate DUI offenders with a high risk. Therefore, the SR22 filings could double or triple your vehicle insurance premiums. Sometimes, your current insurance provider may even drop your coverage, forcing you to find a new insurer willing to file the SR-22.

DUI Program Enrollment

Another significant consequence of a DUI is mandatory enrollment in a state-licensed DUI education program. The DMV requires proof of enrollment before you can obtain a restricted license. The restricted license allows you to drive to school or work before a reinstatement of your driving privileges. The type and length of the DUI program depend on the nature of your offense:

• First-time offenders must complete a 3- to 9-month program.
• Repeat offenders must attend DUI programs that last 18 to 30 months.

These programs focus on:

• Alcohol education
• Substance abuse counseling
• Behavior modification.

Failure to enroll in or complete a DUI program can result in the suspension of your license.

Negligent Operator Points

In California’s DMV point system, a DUI conviction adds two points to your driving record. The DMV also adds two points to your record for reckless driving or hit-and-run incidents. These points stay on your record for 10 years. Accruing too many points in a short period classifies you as a negligent operator, which can result in additional suspensions.

Accumulating 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months could result in license suspension. Having DUI points on your record can also negatively impact your insurance costs. Additionally, it can appear on background checks for jobs. You could miss the opportunity if you seek a driving job due to negligent operator points.

Factors Affecting the Duration of DMV License Suspension in California

Suspending your driver’s license in California can seriously impact your daily life. Driving under the influence of alcohol or drugs is one of the most common reasons for the suspension of your license. The DMV suspends your driver’s license as a penalty for violating the state’s DUI laws. The length of your suspension varies depending on several key factors. They include:

The Nature of Your Offense

The type and severity of your crime affect the license suspension period. There are different types of DUI offenses with which you could be charged. They include commercial DUI, standard DUI, underage DUI, and DUI causing injuries.

More serious DUI offenses carry a more extended suspension period. For example, if you caused injuries or death to another person while driving under the influence of drugs, the DMV can suspend the license for a more extended period.

Prior Driving Record

Your driving record can impact the duration of your DMV license suspension. The Department of Motor Vehicles treats drivers with a clean record more leniently than those with a history of traffic violations or prior suspensions.

Repeat offenders are likely to face longer suspension durations to deter continued violations. The DMV adds points to your record when you commit a driving violation. Accumulating points through moving violations can also trigger a lengthier suspension.

Age of the Driver

California has DUI laws for different categories of drivers. Drivers under 21 are subject to stricter rules, mainly on drinking and driving. Under California’s Zero Tolerance Law, driving with a measurable BAC could trigger charges for underage DUI. The DMV can impose a lengthier license suspension for underage drivers after a DUI arrest. For adult drivers, BAC thresholds and penalties differ. They allow for more legal flexibility in first-time offenses.

Whether Injuries or Property Damage Occurred

Whether or not your DUI caused injuries or property damage can affect the duration of license suspension by the DMV. The DMV may impose a harsher penalty if the offense resulted in bodily harm or significant property damage.

For example, a DUI involving fatalities can lead to felony charges and longer license suspensions. Sometimes, the DMV can revoke your license, making it challenging to carry out your daily activities.

Court vs. DMV Proceedings

Driver’s license suspensions in California can come from the DMV or the court system. Court-ordered suspensions run consecutively with DMV actions. In some cases, the court may impose a longer suspension than the DMV’s, resulting in a significantly extended period during which you cannot drive.

Compliance with Legal Requirements

Your compliance with the requirements for reinstatement of your driver’s license can affect the duration of suspension. How quickly you complete the DMV requirements can dictate the suspension period. They include:

• Attending traffic school
• DUI programs
• Paying fines
• Installing an ignition interlock device

Additional Penalties for DUI in California

In addition to the license suspension by the DMV, you could face the following penalties for DUI in California:

Fines

A California DUI conviction results in fines ranging from $390 to $1,000. However, with mandatory penalty assessments, court fees, and other surcharges, the total amount owed can rise from $2,000 to $4,000 or more. These financial penalties are a significant burden, particularly for repeat offenders.

Jail Time

There is a high likelihood of spending time behind bars after a DUI conviction in California. Jail time is not mandatory for a first offense. However, a judge can impose a sentence of up to six months. Even a first offense can lead to a minimum of 48 hours behind bars if probation is not granted. For subsequent offenses, California law mandates minimum jail terms. A second DUI conviction carries a minimum sentence of 96 hours; a third offense can result in 120 days or more.

Habitual Traffic Offender (HTO) Status

Individuals who receive many DUI convictions within 10 years can be designated as habitual traffic offenders. The status increases the consequences of any future violations. Being labeled an HTO can lead to longer license revocations and heavier fines. It can also impact employment opportunities, especially those requiring a valid driver’s license.

Probation for DUI

Jail time is a dreaded consequence of a DUI in California. However, not all defendants will spend time in jail. Sometimes, the court can impose probation as an alternative to incarceration. Probation is available for felony and misdemeanor DUI charges.

With probation, you will spend most of your jail sentence on community service. Probation allows you to avoid incarceration. However, the court can impose the following conditions on your probation sentence:

• Mandatory participation in a DUI education program
• No driving with any measurable amount of alcohol in the system
• Submitting to chemical testing when requested
• Avoid committing more crimes.

Violating probation terms can result in additional jail time and other penalties.

Court-Imposed License Suspension

In addition to the DMV license suspension, the court can impose a separate suspension as part of the DUI sentence. These suspensions may run concurrently, which extends the total time you will remain without a license. The length of suspension varies depending on your DUI criminal record and the type of DUI. They include:

• Six-month suspension for a first-time DUI offense
• Up to two years for a second DUI in ten years
• Up to three years for a third DUI in ten years
• A suspension of up to four years for a fourth and subsequent offense
• One to three years of license suspension for DUI causing injury and failure to submit to a chemical test.

Reinstatement Fees

After completing your suspension period imposed by the DMV, you must reinstate your license. A license reinstatement is not automatic. You must fulfill the requirements and pay a reissue fee to restore your driving privileges. They include:

• Serving your suspension
• Completing a DUI program
• Obtaining SR-22 insurance

The standard reissue fee for a DUI-related suspension in California is $125. However, it can vary depending on the specific circumstances. You pay the license reissue fee directly to the DMV. You must pay the full amount even when you seek a restricted license. Failure to pay the cost means you cannot drive, regardless of completing other requirements.

Find a Competent DUI Defense Attorney Near

Driving under the influence of alcohol or drugs is a significant driving violation. In addition to facing criminal charges, you could face penalties from the DMV. Immediately after an arrest, the DMV will attempt to suspend your license.

You must schedule and attend a DMV hearing where you can defend against the suspension. The outcome of your DMV hearing will determine the fate of your license before your DUI case goes to trial. You will need the guidance of a reliable DWI defense attorney to navigate and prevail in the DMV hearing.

If you face a DUI arrest and potential DMV penalties in San Diego, CA, you will benefit from our legal expertise at the Law Offices of Anna R. Yum. Contact us today at 619-493-3461 for much-needed guidance.