DUI Drivers License Suspension

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NEW LAW SB 1046:    As of January 1, 2019 to January 1, 2026 , courts have the discretion to order a non-injury first DUI offender to install an IID for a period of up to 6 months. If the court does not order IID installation, a non-injury first offender may apply for a driver license for IID restrictions or restrictions that allow them to drive to, from, and during their employment and to and from a DUI treatment program for 12 months. Previously, an IID pilot program was only in effect in Alameda, Los Angeles, Sacramento and Tulare counties, but now it has been expanded to the entire state of CA.

From January 1, 2019 to January 1, 2026, this law mandates repeat offenders for driving under the influence (DUI) and first DUI offenders whose violations resulted in injury, to install an ignition interlock device (IID) for a period ranging from 12 to 48 months. This law also allows those who receive a suspension under the Administrative Per Se law to obtain an IID-restricted driving privilege, and receive credit toward their required IID restriction period if they are later convicted of a DUI. These provisions apply to DUI violations that involve alcohol or the combined use of alcohol and drugs. They do not apply to drug-only violations. 

The suspension is longer for each additional DUI.

Everyone that is convicted of Driving Under the Influence (DUI) will be required to install an Ignition Interlock Device.  This is a breathylizer machine that is installed in your car.  In order to start the vehicle a breath sample must be provided.  The vehicle will not start if the machine detects alcohol on your breath.  There are ways to keep this device out of your vehicle.

Under Vehicle Code 23612, all drivers are required to give a breath or blood sample when an officer suspects they are driving under the influence.  The officers are required to inform you of this law and of the consequences for refusing to provide a breath or blood test.  Many people suddenly stopped on the roadside and placed in the stressful position of being interrogated by police do not agree to provide a breath test or blood test.  This will result in being charged with a "refusal" and the license suspension is much more severe.  It is necessary to fight this charge as there is no way to shorten the suspension.

Under 21 Years Old?

If a driver is under 21 years old, the suspension is the same as a refusal.  The DMV has a strict no tolerance policy, which means they will not allow consumption of any alcohol prior to driving for those under 21 years old.  Having just a .01 percent Blood Alcohol Content level will lead to a year long suspension with no restricted driving available.  There is an outside possibility of getting a critical need exception.  This is very difficult to obtain, but you can get the application here:  https://www.dmv.ca.gov/portal/uploads/2020/09/DS694.pdf