California DUI License Suspensions
Understanding DMV and Court Suspensions in DUI Cases
If you’ve been arrested for DUI in California, you’re up against more than just criminal charges—you also risk losing your driver’s license through two separate legal processes:
-
An administrative suspension by the California DMV, and
-
A criminal court suspension if you’re convicted.
Each can suspend your license independently, and both can apply to the same incident. At KF Law, our experienced Los Angeles DUI attorneys help clients fight both sides of the legal process to preserve their driving privileges and protect their futures.
The Two Types of DUI License Suspensions in California
1. Administrative Suspension by the DMV (APS Hearing)
This occurs through the Department of Motor Vehicles and is triggered immediately after a DUI arrest—before your court case even begins. This is often referred to as an Administrative Per Se (APS) suspension.
2. Criminal Court Suspension
If you are convicted of DUI, the judge can impose a court-ordered license suspension as part of your sentence. This is a separate action from the DMV’s and may have different terms and lengths.
DMV Suspension: What to Expect
After your DUI arrest:
-
The officer will issue a notice of suspension and confiscate your physical license
-
You will receive a 30-day temporary license (pink slip)
-
You have only 10 days to request a DMV hearing or face an automatic suspension
The DMV hearing is conducted by a DMV officer—not a judge—and focuses solely on whether your license should be suspended.
DMV Will Review:
-
Was your BAC 0.08% or higher (or 0.01% for under-21s, 0.04% for commercial drivers)?
-
Did you refuse or fail to complete a chemical test?
-
Was the stop and arrest lawful?
If you do not win this hearing, your license will be automatically suspended, regardless of what happens in court.
Court-Ordered DUI Suspensions
If you’re convicted of DUI in court under California Vehicle Code § 23152 or § 23153, the judge can impose a license suspension or revocation in addition to any DMV action.
Suspension Lengths for Convictions:
-
1st Offense DUI (VC 23152):
-
6-month suspension
-
May qualify for restricted license or IID (Ignition Interlock Device) instead of a full suspension
-
-
2nd Offense (within 10 years):
-
2-year suspension
-
Mandatory IID for 1 year
-
-
3rd Offense:
-
3-year suspension
-
IID required for 2 years
-
-
DUI with Injury (VC 23153):
-
1 to 3 years depending on prior history
-
Consequences of DUI License Suspensions
Losing your license—either through the DMV or criminal court—can have serious consequences:
🚫 Loss of driving privileges for work, school, or family
💸 Increased insurance costs and SR-22 filing requirement
🚗 IID installation costs and maintenance
📈 Points on your DMV record
🔁 Long-term consequences for repeat offenses
🛑 Limited options if you refused a chemical test (no restricted license)
Restricted Licenses & IID Options
In many cases, you may be eligible for a restricted license that allows you to:
-
Drive to work, school, and court-ordered programs
-
Avoid total loss of mobility
-
Install an Ignition Interlock Device (IID) to maintain limited privileges
We help our clients navigate DMV requirements, including:
-
DUI school enrollment
-
SR-22 insurance filing
-
Payment of DMV fees
-
IID installation through approved providers
Fighting to Keep Your License
At KF Law, we take immediate steps to:
✅ Request and represent you at your DMV hearing
✅ Fight your criminal DUI case in court
✅ Challenge illegal stops, flawed breath or blood tests, and arrest procedures
✅ Help you secure a restricted license or avoid suspension altogether
Our team of skilled Los Angeles DUI attorneys knows how to handle both administrative and criminal aspects of your case to give you the best chance of keeping your license.
Contact Us Today – Your License Is On the Line
You only have 10 days from your arrest to take action. Don’t let the DMV take your license without a fight. Our attorneys are here to defend your rights and your ability to drive.
📞 Call KF Law at (213) 290-6464 or contact us on the form below for a free, confidential consultation. We serve clients across Los Angeles, from Downtown to the Valley and beyond.
Experienced DUI defense for clients in Los Angeles, Beverly Hills, Santa Monica, Van Nuys, Burbank, Pasadena, and all of Southern California.