License Suspension or Revocation After a DUI in California
A DUI arrest can derail your life. Job loss. Legal fees, court fees, and various penalties piling up. But one of the first devastating blows typically comes from the DMV—your license suspension notification.
Navigating potential driver’s license suspension and DUI charges simultaneously can seem impossible without legal guidance. At The Nieves Law Firm, we are highly experienced at defending clients just like you against accusations of impaired driving and concurrently protecting their driving privileges.
In this blog, our DUI lawyers provide the hard truths on suspension periods, costs, and steps to legally drive again.
The DUI Stop and License Suspension Notice
During a DUI traffic stop, if the officer believes you are impaired, they will likely arrest you and issue you a specific notice called a DS 367/367M or Suspension/Revocation Order and Temporary Driver’s License.
This states that because you were stopped under suspicion of drunk driving, your license will be suspended. This triggers two parallel legal actions:
- Possible criminal DUI charges filed by the District Attorney
- A separate process with the DMV regarding license suspension
The officer will also take your license. The pink document provided to you upon your release will serve as yourtemporary 30-day license. Once it expires, your suspension or revocation goes into effect. The temporary license is invalid if you already have an active DMV or court-imposed suspension. In order to preserve your driving privileges beyond the 30-day temporary license window you must take specific actions to request a hearing as outlined below.
Act Immediately to Request a Hearing Within 10 Days
After receiving Form DS 367/367M, you have only 10 calendar days to request an Administrative Per Se (APS) Hearing with the DMV. This hearing allows you to contest the evidence and prevent the automatic suspension of your driving privileges.
If you miss the 10-day deadline, the DMV can automatically suspend your license without hearing your side. However, requesting the APS hearing forces them to delay suspension pending the outcome.
Before your hearing, your attorney will request copies of the DMV’s evidence. You can also have a sign language interpreter present. You may represent yourself or hire an attorney at your own expense. Testimony will be under oath and recorded. It is highly advised to hire an attorney because anything said at the APS hearing can be used against you in criminal court. It is ideal to have an attorney who can represent you in both the criminal and DMV proceedings because they will be able to strategically manage timing and testimony in a way that is beneficial to the client even if the outcome results in a suspension.
The officer usually doesn’t testify unless your attorney subpoenas them as a witness. The testimony of an officer may prove to be useful in the defense of the criminal action because it is another opportunity to cross examine them. Even if the evidence and facts are not strong in defeating a suspension – there are ways to capitalize on the hearing to strengthen the litigation aspect of the criminal court action. If your license suspension is upheld, you can request a department review within 15 days for $120. You can also request a court review within 30 days of the hearing decision notice. If the department rules in your favor then the suspension of your license will be set aside.
The Length of Suspension Depends on Specific Factors
How long your license could be suspended depends on elements like the number of any prior DUI convictions, age, whether you refused chemical BAC testing, and aggravating circumstances of the current DUI allegations.
Consequences escalate if you refuse or fail to complete mandated testing:
- First refusal/failure in 10 years leads to a one-year license suspension.
- Second refusal/failure results in a two-year license revocation.
- Three or more refusals/failures within 10 years warrant a three-year revocation.
In essence: Refusals ratchet up suspension and revocation periods substantially. Multiple incidents increase ordered loss of license duration. Know your options to help ensure the shortest path to reinstatement.
The criminal court can also order a license suspension separately from the DMV. For example, if you are convicted of DUI charges, the judge can impose their own suspension on top of DMV action.
Applying for a Critical Need License Restriction
You may request a critical need restricted license allowing limited driving if: 1) You completed chemical testing over 0.01% BAC; and 2) Can prove transportation inadequacy to fulfill a critical need. Critical need verification is required. Contact a Driver Safety Office for Form DS 694 or find it on DMV’s website. Use this narrow pathway to petition for constrained but legal driving access given a verified dire circumstance.
It’s Never Too Late to Fight Back Against License Suspension After DUI
Even if your license is already suspended, working with an experienced DUI attorney provides options to restore your privileges or use the DMV process to aide the criminal proceeding. At The Nieves Law Firm, we leverage our experience of driver’s license laws and drunk driving defense to guide clients through this challenging time.
Contact us anytime online or call for a consultation if you have been arrested for DUI. We are always readily available to protect your rights and keep you safely on the road.
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Author Bio
Jo-Anna Nieves is the Founder and Managing Attorney of The Nieves Law Firm, an Oakland criminal defense law firm she created in 2012. With more than 11 years of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, domestic violence, expungement, federal crimes, juvenile law, motions to vacate, sex crimes, violent crimes, and other criminal charges.
Jo-Anna has received numerous accolades for her work, including being named a Super Lawyer Rising Star the past 9 years, the #12 Fastest Growing Law Firm in the U.S. by Law Firm 500 in 2019, and one of the fastest growing companies in the U.S. by Inc 5000 in 2023 and 2024.