If you were arrested for driving under the influence (DUI) in Orange County,
you may have some confusion about the
license suspension. It’s normal to feel this way; it is confusing for most people, especially
when it’s their first DUI offense.
Say you were arrested for
DUI and didn’t have your first arraignment until three months following
the DUI arrest. You pleaded not guilty, and your trial was scheduled for
two months later. You spoke to the District Attorney, who suggested you
plead guilty; he said that if you enter a guilty plea, you’ll get
your license back within a short month.
You asked him several times if he was sure, and he assured you that you’ll
be eligible for a restricted license within 30 days as long as you enrolled
in DUI School. You pleaded guilty, but then you received a letter in the
mail stating that your license suspension was initiated, and you would
not be able to obtain an unrestricted license for another
six months. You were under the impression that your license had been suspended since
your DUI arrest, so you became confused about the license suspension all
Pleading Guilty is Bad Advice
If the DA told you to plead guilty, he or she gave you bad advice. Prosecutors
are NOT on your side; they’re job is to secure convictions, not
dole out legal advice to defendants. Their goal is to get defendants to
plead guilty. Prosecutors have no legal duty to provide accurate advice
about license suspensions. This is why you should always hire your own
Once you’re arrested for DUI, the license suspension
begins 30 days after the arrest if you do not request a DMV hearing. That suspension is for
4 months if you do not get a restricted license, and
5 months if you do.
Note: The only way that you can get a restricted license is to serve the mandatory
30-day hard suspension.
If you are
convicted of DUI, then a NEW license suspension goes into effect, and that one lasts for
6 months, beginning with the date of the conviction. If you already served the
30-day hard suspension and you either did not request a
DMV hearing or you lost it, there’s nothing stopping you from applying for a
We hope this advice clears up a few things for you.
Contact our office to schedule a free case evaluation with an Orange County DUI lawyer. Let our
Board-Certified DUI specialist help you fight to avoid a conviction and the loss of your driving privileges!