DMV Driver’s License Suspension: 4th Offense DUI

DUI Attorney in Orange County

Aside from the extremely harsh penalties imposed for a fourth-offense DUI through the court proceedings, a person convicted of a fourth-offense DUI also faces suspension of their driving privileges by the DMV. Your DUI Lawyer in Orange County will tell you that there are actually TWO suspensions that result from a DUI. The first is an administrative suspension and is mandated by Vehicle Code Section 13353.2. This suspension will start 30 days after the date of arrest UNLESS the arrestee or their Orange County DUI Lawyer requests a hearing. In that case, the administrative suspension will not start until and unless the defense lawyer loses the hearing.

If your DUI Lawyer in Orange County loses the  DMV hearing, (which happens most of the time), the DMV will send a letter to both the arrestee and the arrestee’s DUI lawyer telling them that the suspension will be imposed on a particular date. (Typically, the suspension begins within a week or two of receipt of the letter.) The second suspension is called a “conviction suspension” and is mandated by Vehicle Code Section 13352. The conviction suspension is triggered when the court notifies the DMV that the arrestee has pled guilty or has been found guilty of a DUI. The DMV will then send a notice of suspension to the arrestee (but not the arrestee’s  Orange County DUI Attorney) .

The administrative license suspension for a fourth DUI is only for one year. However, the conviction suspension for a fourth-offense DUI is a FOUR YEAR REVOCATION. Although this sounds ominous, the driver can actually apply for a restricted license after serving one year of the revocation. A “restriction” allows the driver to do any “work related” driving, drive to and from school, and drive to and from the alcohol program. California Vehicle Code Section 13352(7) allows for such a restriction when the driver does the following:

1)      Completes 12 months of the 18-month alcohol program;

2)      Has an Ignition Interlock Device (IID) installed in their car. (breath-testing device)

3)      Maintains the IID for the remaining three years of the initial revocation period;

4)      Provides the DMV with proof of financial responsibility (SR-22) for the remaining three years; and

5)      Pay a reissue fee to the DMV.

If the driver meets these requirements, the restriction will remain in effect for the remaining three years.

If you face charges for DUI in Orange County and would like a free consultation call the Orange County DUI lawyers at the Law Offices of EJ Stopyro at (949) 559-5500. The consultation is completely confidential. Or visit our website at www.EJEsquire.com.