DUI arrest, sometimes the driver loses the DMV hearing
and they are convicted of DUI in criminal court. They receive a letter from
the DMV about a four month
driver’s license suspension,
and they receive a letter from Sacramento saying that their license is suspended
for six months. Which letter is right?
The defendant has asked their insurance company to file the SR22, they’ve
enrolled in DUI classes, and they are paying their fees, so how long is
their licenses suspended for? It’s confusing when a DUI defendant
gets two separate letters with different dates about their license suspension.
When will you get your license fully restored so you can drive outside
of work and DUI class? Read on as we offer clarity on the subject.
DMV and Criminal Court Process
When you are arrested for driving under the influence, there are two separate
court processes: 1) the DMV process and, 2) the criminal court process,
both of which may result in a driver’s license suspension. If you
receive two letters in the mail about a license suspension, the suspensions
may be different.
While the two suspensions exist independently of each other, if you look
at the dates, the suspensions generally run at the same time and the overall
license suspension is the
longer of the two.
Under VC Section 13353.3, the DMV suspends a driver’s license for
four months because the person lost the DMV hearing.
Under VC Section 13352, after a criminal court conviction for a first-time
DUI offense, a license is suspended for a
- Under VC Section 13352.4, a defendant is eligible for a restricted license
once they enroll in a DUI program, submit the SR22, and pay the required fees.
When are your full driving privileges restored? Not until you have provided
the SR22 “proof” of financial responsibility and you successfully
complete the DUI program.
We hope this answer your questions about restoring your driving privileges
after a DUI. If you are facing DUI charges,
contact the Law Offices of Virginia L. Landry, Inc. for a
free case evaluation. Our lead attorney is a member of the
National College for DUI Defense and she is a
Board-Certified expert in