Will Your California Driver’s License Automatically Be Suspended After a DUI?
Getting a DUI is a traumatic event. One of the hardest things is that it impacts your life for a long time. For most people, the biggest challenge is losing their driving privileges. Many people assume that as soon as they’re convicted of a DUI they will lose their license for several months, but that’s no longer the case. Traditionally, a first-time DUI conviction resulted in a 6-10 month license suspension.
Yes, many people in California do have their license suspended following a DUI arrest, but some don’t realize that there is another option.
Few people know that it’s the California DMV, not the sitting judge, who determines what your driving privileges are following a DUI. Many people are surprised to learn that there will also be a DUI hearing that’s conducted by the DMV and it is during this hearing that post-DUI driving privileges are discussed.
The purpose of the DUI hearing is to decide what should be done with your driver’s license. One of the interesting things about current DUI DMV hearings is that the panel doesn’t always instantly order a license suspension. Starting in 2019, the DMV ruled that some drivers who were dealing with their first DUI charge would be allowed to continue driving, with restrictions, provided they were willing to have an ignition interlock device fitted to their vehicle. The reason for this decision is so that the person doesn’t have to worry about losing their job because they can’t get to work without a license. The other advantage of not automatically suspending a license was that it enabled parents to continue transporting their children to school and other activities. Currently, the DMV installs the IID on cars for about four months in first-time DUI cases. Second/third-time offenders will usually have to deal with the IID for one to two years.
To ask for the IID rather than a full license suspension, you have to contact the DMV and request a hearing. This request has to be placed within 10 days of your DUI arrest. Failing to do so will result in the automatic suspension of your license.
If you miss the 10-day window, the DMV will suspend your license and let you know how long the suspension will be in place.
The process of getting your license reinstated will involve:
- Completing California’s DUI school
- Providing the DMV with an SR-22 Insurance form
- Paying a $125 reinstatement fee
All things considered, it really is in your best interest to contact the DMV shortly after you’ve been arrested for a DUI and booking a formal hearing.
Updating Your California Driver’s License
Your driver’s license not only proves that you’re legally allowed to drive in California, but it also serves as your main source of identification. It’s important that all the information that appears on your driver’s license is current.
You should already know that you’re not allowed to drive on an expired driver’s license in California.
According to the California DMV, changing your address on your driver’s license should be one of the first things on our agenda following your move. It doesn’t matter if you’re moving to California from another state or if you’ve simply moved across the street, you have 10 days to contact the DMV about the change in residence. That really isn’t much time, so it’s in your best interest to pencil it into your schedule as one of the things you should do before you start unpacking.
Even though the California DMV doesn’t give you much time to change the address on your driver’s license, they have taken steps to make it as simple as possible.
In most California counties, you have three options for changing your address on your license:
- You can visit your local DMV office
- You can mail in a change of residence form to the DMV
- You can go online and fill out a virtual form which the DMV will file
While all options are good and legal, the benefit connected to going to the actual DMV office is that they will give you a temporary license that will have your new address on it. That way, if you do get pulled over and ticketed, the ticket information will go to your new address rather than your old one.
If you fail to contact the DMV about the change of address on your driver’s license in a timely manner, you may face a small, additional fee when you finally get around to completing the chore. While it’s unlikely that you’ll get a ticket for having the wrong address on your license (assuming it’s not expired) if mail concerning the ticket is sent to the wrong address, it could result in some substantial late fees getting attached to any ticket for moving violations the officer did issue.
The biggest risk connected to not updating your address on your driver’s license could be that it causes problems with your insurance company, which may use the failure to change the information as a reason to delay paying when you file a claim. They may even decide to drop your policy altogether.
When all is said and done, it’s best to simply take a few minutes and update your address.
Driving on a Suspended License in California
Several California drivers have found that they didn’t fully appreciate how much independence they enjoyed as a result of their driver’s license until the state suspended that license, making it impossible for the person to drive themselves.
Why California Driver’s Licenses Are Suspended
There are a variety of reasons your California driver’s license could be suspended. The most common cause for suspensions is a DUI conviction. Unpaid tickets, severe driving infractions, and simply accumulating too many bad driving points can also result in a suspension. There are even cases where California driver’s licenses have been suspended for non-driving offenses, the most common of which is unpaid child support.
What a Suspended California Driver’s License Means
If your license has been suspended it means you can’t drive, for any reason, until you’re able to get the license reinstated. In some cases, such as drunk driving and reckless driving, the suspension has a time limit, such as 6 months. In other cases, it remains suspended until you correct whatever issue triggered the suspension. For example, if it was suspended because you didn’t pay child support, it will remain suspended until you’ve gotten caught up on what you owe.
Driving on a Suspended California Driver’s License
California’s Vehicle Code #14601.1 deals with the issue of anyone who is caught driving on a suspended license in California. It states, “(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.”
The penalties that can be connected to driving on a suspended driver’s license in California include:
- Having to spend time in jail
- Substantial fines
- Probation
- Additional costs for any additional traffic violations that were committed while you drove with a suspended license
If your California driver’s license is suspended and you can’t fathom how you’ll get by without it, there’s a chance you can appeal to the court and get what California calls a hardship license. This type of license is a heavily regulated one that limits where you can drive and even what times you can drive. If you’re caught driving at a time or for a purpose that doesn’t align with the limits, you’ll be charged with driving on a suspended license.