Legal Question in DUI Law in California

CA Arrest Versus Conviction DMV License Suspension

I have reviewed many different websites about the license suspension penalties for DUI arrest versus convictions for a 2nd offense in 7 years - first one was 6 3/4 years ago.

For this question, the person arrested took a breath test and did not refuse. It was under .16. Most web sites indicate for a second offense, DMV suspends the license up to 1 year. However, if convicted, I have seen websites that state 18 months or 2 years, with a restriction after 1 year if enrolled in a DUI class.

How do the DMV and Courts coordinate license suspension periods, if at all. What is the longest suspension for a 2nd in 7 years? Is it one year when arrested and then up to 2 years if convicted. It seems that one can get double dipped by DMV and the Courts, so that the suspension actually doubles to 2 years if convicted. Please explain. Thank you.


Asked on 9/28/04, 11:51 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: CA Arrest Versus Conviction DMV License Suspension

They are separate systems, each punishing for the same conduct. Unless you appealed the DMV suspension within 10 days after arrest, you automatically get suspended separately and ccnsecutively with the court's suspension. How long the court suspends you depends upon your attorney's persuasive powers and an agreement with the DA and judge. Contact me if interested in having counsel represent you in SoCal courts.

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Answered on 9/28/04, 2:16 pm


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