Many make the false assumption that being charged with a DUI for the first time in California will result in a slap on the wrist or a stern warning. However, this is far from the truth, as the penalties for this offense can be intense. Drivers will lose their licenses, among other consequences for this charge. If you are facing a DUI, understanding how long it will take you to get your license back is critical. The following blog explores what you should know about how long your driving privileges will be revoked and what you can do to help regain your license with the help of a DUI lawyer in Sacramento, California.
What Warrants a DUI in California?
In California, anyone discovered driving with a Blood Alcohol Concentration (BAC) at or over the legal limit of 0.08% will likely be charged with a DUI. However, if you are driving a commercial vehicle, the legal limit is lower at 0.04%.
Additionally, you can be charged with a DUI if you have any amount of alcohol in your system if the officer determines the alcohol is inhibiting your ability to drive safely. As such, it’s crucial to understand that “driving under the influence” is not “drunk driving”. You can and will be arrested for driving under the influence long before you are “drunk”.
How Long Does It Take to Get a License Back After a DUI?
When you are arrested for a DUI in California, the DMV will attempt to suspend your driver’s license for four months even before you see a judge or get charged criminally. That “administrative” suspension will begin exactly 30 days after the date of your arrest unless you or your lawyer exercise your right to request a hearing on that administrative suspension. That hearing is called an Admin Per Se hearing and the request must be made within ten days of your arrest. Exercising your right to a hearing is critically important and in some cases it can prevent your license from being suspended at. Even when a hearing does not result in preventing the administrative suspension, if executed effectively, exercising your right to a hearing can shorten the overall length of your driver’s license suspensions.
Separate and apart from the “administrative” suspension, if you are convicted of DUI in criminal court, your license will be suspended for at least six months but potentially up to ten months depending upon how much alcohol was found in your system. It is critically important for you understand that both of these suspensions can run concurrently and that you may be eligible to continue to legally drive during both suspensions.
It is also very important to understand that if you have multiple offenses, the suspension period will increase with each subsequent arrest and conviction. As such, a second offense warrants as much as two-year license revocation, and a third is a three-year license suspension.
To fully reinstate your licenses following a DUI conviction, you must serve the entire suspension, submit proof of completion of a DUI course, and obtain SR 22 insurance for three years following the arrest.
Is There Anything Else I Can Do?
If you are facing a DUI charge, consulting with an experienced attorney is critical. Through good legal counsel, you will know if you will be able to effectively fight the charges or if you need to be considering ways to mitigate penalties through negotiation. An experienced attorney will schedule and complete your hearings with the DMV and will even make court appearances on your behalf without you needing to present.
When you or a loved one are facing legal troubles, the team at the Law Offices of Dale R. Gomes is ready to help. Connect with us today to learn how we can fight for you when you are facing a DUI charge.