Los Angeles DUI and the Court Driver's License Suspension

Los Angeles DUI Attorney

Police officer is doing a traffic checkFor people who have been charged with driving under the influence, one of their top concerns is what effect a DUI conviction will have on their ability to drive an automobile. A DUI conviction will typically trigger an automatic court driver’s license suspension. This may be confusing for defendants who are also dealing with a potential administrative license suspension. It is important for anyone charged with a DUI offense to understand what the potential driver’s license consequences will be.

When a person is arrested for a DUI offense, the arresting officer will seize the person’s driver’s license and provide the driver with a notice of an impending license suspension. This administrative suspension operates independently of anything that happens in court. The suspension will automatically become effective unless the driver (or his or her attorney) files a request for an Administrative Per Se hearing within ten days of the arrest. If a timely hearing request is filed, the DMV will schedule a hearing to determine whether or not the suspension is justified. If the driver loses the hearing, the suspension is four months for a first time DUI offense. The driver would be eligible for a restricted license after 30 days. If the driver refused chemical testing, he or she would face a yearlong license suspension and with no ability to obtain a restricted license during the suspension period.

Regardless of what happens in the DMV hearing, the DMV will automatically suspend driving privileges for anyone who is convicted of DUI in court. There are situations where drivers may win the DMV hearing but are then surprised to have their license suspended when they are convicted in the court case. While the administrative and court suspension are independent of each other, the DMV will run the suspension concurrently, meaning that the driver will typically get credit for the time that they were unable to drive on a “hard suspension.”

The Court suspension is six months for a driver’s first DUI conviction where there was no refusal and a BAC below .15 percent. The driver would be eligible for a restricted license after serving a 30 day hard suspension during which no driving is allowed. The restricted license would allow the driver to travel for work and to and from the driver’s alcohol education program. The driver would have to provide proof of completion of the alcohol education program to the DMV before he or she would be eligible to have unrestricted driving privileges reinstated.

In Los Angeles County, drivers who are convicted of a DUI would have to have an Ignition Interlock Device (“IID”) installed in their vehicles as part of the DMV IID Pilot Program. The IID restriction would replace the restriction that limits travel to and from work and to and from the alcohol program. The driver would be allowed to drive anywhere at any time as long as the IID is in the vehicle.

It is important to remember that the automatic suspension only applies to drivers who are convicted of DUI. Drivers who are convicted of reduced offenses, such as wet reckless, reckless driving (“dry reckless) or exhibition of speed would not be subject to a court suspension (though they may have their license suspended at the administrative hearing).

If you have been charged with DUI and are concerned about a driver’s license suspension, it is crucial that you speak with a Los Angeles DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut works hard to help his clients keep their driver’s licenses.

For more information about Los Angeles DUI and the court driver’s license suspension, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
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Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
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Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
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How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
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