Is your license suspended immediately after a DUI?

It’s surprising in the modern era that 31% of all road deaths are linked with alcohol. Despite the increased awareness of the consequences of drink driving it does not seem to have affected the number of people doing it.

Perhaps it is because they feel they will not get caught, or maybe you don’t realize you’re over the limit. Unfortunately, if you are caught under the influence then, as this Los Angeles DUI Lawyer will tell you, there are serious consequences.

One of the most obvious is the loss of your license.

The Facts

In most cases when you are stopped and found to be driving under the influence the police will issue you with a DUI citation. They will also take your license with them.

This does not mean that you cannot drive. The DUI citation actually acts as a license, but it is only valid for ten days.

Of course, this might not be of any assistance to you if they’ve decided to impound your car which they can do for up to 10 days!

When You Lose Your License

Within the 10 day period it is possible that the driving agency will suspend your license. This can be for a period of 30 days or longer. The driving agency does not need to wait until you are convicted to impose this suspension. They will simply notify you that it is in place.

However, this can be appealed if you are not convicted of a DUI.

The court will assess all the facts regarding your drink driving incident and decide whether a suspension is a sensible choice. They will also decide how long this suspension should be for. The good news is that this can run alongside the driving agency suspension.

However the court suspension cannot be put into place until a conviction has been declared. In addition, if you appeal the sentence then you will still be allowed to drive while the appeal is being heard.

Your suspension will start from the moment you have been convicted.

An important note is that if you are appealing then you need to do this within 10 days of the ruling. It is normal to be allowed to drive for a further 4 or 5 weeks for business purposes.

The normal suspension for a first DUI will be between 30 days and 1 year.

You should be aware that if your breath test shows an amount of below 0.08% then the driving agency will not suspend your license even if your are facing a criminal charge.

It is possible to request a BPO which will allow you to drive your vehicle to and from work only. But, you’ll need to prove to the court that you have no other way of getting to and from your place of business.

Finally, you should also be aware that if this is a second offence then the punishment will be much greater. Fines and prison time are increased as is the length of time your license will be suspended for.

But, the initial delay for due process will still apply; your license cannot be suspended instantly.