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 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.