You just got arrested for DUI, and the officer handed you a pink slip of paper instead of your license. The panic hits immediately. How will I get to work, run errands, or take my kids to school? How do I maintain any sense of independence?
Losing your license affects every aspect of your daily life, from your job to your family responsibilities. Even thinking about a license suspension at this time is too overwhelming. At Esfandi Law Group, we’ve helped thousands of clients navigate a DUI license suspension in California. We can help you understand your options and fight to help keep you on the road.
What Determines Your License Suspension Length in California?
The length of a license suspension in California depends on several critical factors, such as:
- Your number of prior offenses,
- Your blood alcohol concentration level,
- Whether you refused chemical testing, and
- Whether you request a DMV hearing within 10 days of your arrest.
These factors work together to determine not just how long you’ll be off the road, but also what options exist for getting back behind the wheel sooner.
Is Your License Automatically Suspended After a DUI?
No. When the officer arrests you, they issue a temporary license valid for 30 days. This license is not to provide a grace period; it’s your opportunity to take action to hopefully keep your license. You can continue driving normally during this time while preparing your defense strategy and meeting with your attorney.
The critical deadline is requesting a DMV hearing within the first 10 days. Miss this deadline, and the DMV proceeds with the suspension without your input. At the hearing, your attorney can challenge the arrest circumstances, question the officer’s observations, and contest the accuracy of any chemical tests. Remember, the DMV case runs separately from your criminal court case, which means you need to fight on both fronts.
How Long Will Your License Be Suspended for a DUI?
First-Time Offenses
If this is your first DUI license suspension in California, the suspension length depends on whether you took or refused the chemical test:
- Four months—for a BAC of 0.08% or higher if you took the test;
- Six months—if convicted in criminal court, and usually runs concurrently with the DMV suspension; or
- One year—if you refused testing.
The criminal court conviction also brings additional consequences beyond the license suspension, including potential jail time and fines. Most first-time offenders are eligible to apply for a restricted license after serving the first month of their suspension.
Repeat Offenses
Second and third DUIs within 10 years carry much harsher penalties. A second offense means a 2-year suspension, and you’ll wait 12 months before qualifying for any restricted driving privileges. A third offense results in a 3-year suspension, followed by an 18-month waiting period.
What Happens If You Refuse Chemical Testing?
Refusing a breathalyzer or blood test backfires. California’s implied consent law means that by driving, you’ve already agreed to chemical testing when lawfully arrested for DUI.
The penalties are severe. First-time refusals trigger an automatic DUI license suspension of one year, which is three times longer than if you had taken the test. Repeat offenders face suspensions of two to three years. You cannot get a restricted license during the first year of a refusal suspension, and the prosecution can use your refusal against you in court as evidence of guilt.
Can You Get a Restricted License During Your Suspension?
California offers restricted license options through its Ignition Interlock Device (IID) program. An IID is a breathalyzer connected to your vehicle’s ignition that requires a clean breath sample before the car starts, with random retests while driving. While the device requires monthly calibration and maintenance fees, it provides a legal path to drive during your suspension period.
To qualify, you must:
- Enroll in a DUI education program and complete all mandatory state-approved classes,
- File an SR-22 insurance form to prove financial responsibility with the DMV,
- Pay reinstatement fees and all administrative costs, and
- Install an IID in each vehicle you drive.
These requirements involve ongoing costs and maintenance, but they allow you to drive to work, attend school, and handle necessary errands during your suspension.
What Happens If You Drive on a Suspended License?
Driving with a suspended license is a misdemeanor in California with serious consequences, including:
- Up to six months in county jail,
- Fines up to $1,000,
- Extension of your original suspension, and
- Violation of any DUI probation terms.
If law enforcement pulls you over and you have a suspended license, they may impound your vehicle for 30 days. You may also face additional jail time if you are on probation at the time of the stop. The financial costs add up quickly between impound fees, increased insurance rates, and lost wages from missed work.
The stakes are too high to risk it. Work with your attorney to explore legal driving options.
Why Clients Trust Esfandi Law Group to Protect Their Driving Privileges
Being charged with a DUI makes everything in your life feel uncertain. We’ve walked this path with clients over the last 23 years, and we know exactly what you’re going through. Our founder, Seppi Esfandi, began his career as a Deputy Public Defender, where he learned to challenge the system from within. He built Esfandi Law Group on one principle: fight hard for people when they need it most.
We’ve won dismissals, negotiated reduced charges, and protected driving privileges that our clients thought were gone forever. We know how to challenge breathalyzer results, question police procedures, and find weaknesses in the prosecution’s case. When your license and your livelihood are on the line, you need attorneys who treat your case like it’s the most important one in the office, because to you, it is.
Act Now to Save Your License
Don’t face your DMV hearing alone. Let Esfandi Law Group help to protect your driving privileges. Contact us today for a free consultation, and we’ll immediately begin fighting to keep you on the road.
