Wet Reckless And The Driver’s License Suspension

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

If you are arrested for driving under the influence of alcohol or drugs (DUI) in Orange County you not only face harsh penalties from the court proceedings but you are also in jeopardy of having your California driver’s license suspended by the DMV. The DMV typically issues TWO suspensions for a DUI: the first is the administrative per se suspension (APS) which will be imposed automatically if you or your DUI lawyer in Orange County don’t request a DMV hearing. This suspension is outlined in Section 13353.2 of the California Vehicle Code. If a hearing is requested, the APS suspension is imposed if and when your DUI attorney loses the hearing.

The second driver’s license suspension is called the conviction suspension. This is found in Section 13352 of the California Vehicle Code. If and when you are found guilty or plead guilty of a DUI or a wet reckless, the court automatically reports the conviction to the DMV. The length of suspension depends on many factors including whether you have any prior DUI’s or DUI suspensions within the past ten years and, for first offenses, what your blood-alcohol level was on the breath test or blood test.

One advantage to the “wet reckless” is that the driver’s license suspension period may be much shorter than for a DUI, particularly if you have prior DUIs on your record. As any DUI attorney in Orange County will tell you, there is NO conviction suspension for a wet reckless. However, there is still the APS suspension to contend with. If you or your DUI lawyer did not request an APS hearing or if your lawyer lost the hearing, then an APS suspension will be imposed. The length of the APS suspension for  a first-offense is four months. If you have any priors within 10 years, the suspension period is one year.

However, if you do have priors and you are facing the one-year APS suspension, your Orange County DUI attorney can get you a restricted license if you are only convicted of a wet reckless and you did not refuse to take a blood or breath test. Under Section 13353.3(b)(2)(c) of the Vehicle Code you will be eligible for a restricted license after serving 90 days of suspension. However, in order to get a restricted license you must do the following:

·         Must enroll in a nine-month alcohol program (and not be terminated for any reason)

·         Must install an Ignition Interlock Device in your car and maintain it for nine months

·         Must pay a reissue fee

·         Must provide proof-of-insurance (SR-22) for three years

To protect your license you should consult with an OrangeCounty DUI attorney. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty DUI lawyer with outstanding case results today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County
Orange County DUI Attorneys