At the Kosnett Law Firm, our Los Angeles DUI defense attorneys know that when our clients are facing criminal charges, they have many questions about what they can and cannot do while their court case is pending.

Specifically, when one of our residents is facing a DUI conviction, their first concern is what is going to happen to their driving privileges.

Below, our Los Angeles County criminal defense attorneys answer the question, “Do I have to stop driving immediately after a DUI arrest in California?”

Here is what you should know.

Automatic Suspensions May Be Avoided During an APS Hearing with the DMV

After a DUI arrest, the police officer will take your existing driver’s license, and replace it with a temporary driving permit for thirty days.

To request a stay of your license suspension, you must request an Administrative Per Se, or APS, hearing with the California DMV within ten days of your arrest.

Retaining an experienced DUI defense lawyer in Los Angeles will allow you to request the hearing, where he or she can appear on your behalf to challenge the suspension.

When successful, you may continue to drive without any restriction until the DMV hearing and/or court case has been resolved.

What Does a Restricted Driver’s License Allow in California?

After a DUI arrest or conviction, your driver’s license will be administratively suspended by the DMV.

After drivers may be eligible to get a restricted license that allows limited driving, or an ignition interlock device, or IID restriction, to travel to work, school, and other essential locations.

To get a restricted license, the driver must install an IID, obtain and file an SR-22 certificate of financial responsibility with the DMV, show enrollment in a DUI class, fill out the restricted license form, and pay any associated fees.

The IID period is based on a California DUI charge are as follows:

  • 1st DUI: 6-month IID
  • 2nd DUI: 1-year IID
  • 3rd DUI: 2-year IID
  • 4th or subsequent offense DUI: 3-year IID

If you are facing DUI charges in California, contact our skilled DUI defense attorneys in Los Angeles today to learn about your legal rights and options to pursue the best outcome for your unique case.

Will I Lose My Driving Privileges If I Am Convicted of a DUI in California?

In most cases, a DUI conviction in California will come with the penalty of a license suspension.

The length of time you will have your license suspended varies, but generally as follows:

  • First offense: Six to nine months, not including the DMV suspension
  • Second offense: Up to two years
  • Third offense: Up to three years
  • Fourth offense: Up to four years

Four or more DUI offenses in California may result in permanent license revocation.

Other factors that may increase the time your license is suspension could include:

  • Refusing a chemical test
  • You were on DUI probation when arrested for a new DUI charge
  • Your DUI resulted in the injury or death of another person

Contact our Los Angeles criminal defense attorneys at the Kosnett Law Firm

If you have been arrested for a DUI in California, contact our Los Angeles criminal defense attorneys at the Kosnett Law Firm today by calling 310-445-5900 or by contacting us online to review your unique circumstances and provide straightforward legal options on how we can help.


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