DUI Orange County License Suspension

The California Vehicle Code, CVC, defines a license suspension to mean that a person’s privilege to operate a motor vehicle is not eligible.

The following circumstances culd result in license suspension.

  1. Your blood alcohol content is .08% or greater.
  2. Your blood alcohol content is .04% or greater whil driving a commercial vehicle.
  3. You are under the age of 21 and your blood alcohol content is .01% or more.
  4. You refuse to take the chemical breath or blood test after you are lawfully arrested.

If you are under 21 years of age when you were arrested for DUI and your BAC was 0.01% or more, and this was your 1st offense, your license will be suspended for one year.

If you did not complete or refused to take a checmial or breath test and this is your 1st offense, then your driver’s license will be suspended for one year.

1st Offense

If this is your first offense, you may be eligible for a restricted driver’s license.   You may apply for a restricted license at any DMV location.  However, if are under the age of 21 at the time of your arrest, you will not eligible for a restricted license.  When you apply for your restricted license you will have to pay $125 fee and show proof of financial responsibility, also known as SR-22 insurance.

In addition to the immediate confiscation of your drivers’ license you may face an additional suspension from the court.  The court will likely suspend your license for six months and will not reissue it until you have proof of financial responsibility that you have completed your driving under the influence program

A) What will happen to my drivers license privilege?
When you are arrested for a DUI, the officer will give you an Order of Suspension or Revocation and a temporary driver’s license at the scene. The temporary license is operative for 30 days from the issue date. The license suspension begins at the end of the 30 days.  It is at that time that you are permitted to apply for a restricted license at any DMV office.

B) Can I appeal the drivers license suspension?
Yes.  After you receive your Order of Suspension or Revocation, you have 10 days to schedule a hearing to contest the Order.

C) Do I need SR-22 insurance?
This is a type of insurance that is filed after conviction of a DUI, to get your license reinstated after the period of suspension ends or a restricted license if permitted.  An SR-22 is a document that shows proof of financial responsibility and the insurer files in with your state’s DMV.  You must carry this insurance with you until your probation period ends and at that time the SR-22 insurance will expire.

D) When does my suspension start?
The timing of the suspension can be a little confusing.  If you receive an Order of Suspension or Revocation upon your arrest for a DUI, the suspension starts 30 days from that date.  This means that you can continue to drive for 30 days on your temporary license that should be issued with the suspension notice.  However, if for some reason the officer does not issue you and Order of Suspension or Revocation upon arrest, the DMV will mail you one.  If this happens, remember that your license suspension begins 30 days from the date of issue, which is not necessarily the same date that you receive it in the mail.