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Quick Summary
- DMV suspensions are administrative actions for reasons like driving without insurance, DUI, underage drinking, or accumulating excessive points. These are quicker than court suspensions.
- Court suspensions follow criminal convictions, with formal proceedings and higher proof standards (“beyond a reasonable doubt” vs DMV’s “preponderance of evidence”).
- DUI court trials are formal, with the right to legal counsel and jury involvement. DMV hearings have lower evidence standards and don’t require a jury.
- Court suspensions can last up to 1 year for a first offense, 2 years for a second, and 3 years for a third. Defense options include challenging stops, proving sobriety, or questioning test results. Suspensions can overlap, and plea bargains or ignition interlocks may help avoid them.
What is a DMV Driver’s License Suspension?
Under certain conditions, the Department of Motor Vehicles can suspend or revoke your driver’s license.
This means either the DMV or the court has decided that you are NOT allowed to operate a motor vehicle until the suspension or revocation is lifted and your license is reinstated [1].
8 Common Reasons for a DMV Driver’s License Suspension
Here are 8 common reasons for a DMV driver’s license suspension:
1. No Insurance
If you’re involved in an accident without insurance, your driver’s license will be suspended for four years. After one year, you may get your license back by providing proof of insurance to the DMV and maintaining it for the next three years.
2. Failure to Report an Accident
Not reporting an accident can lead to a suspension. This applies even if the accident was minor or you were not at fault, as reporting is a legal requirement in most cases.
3. Driving Under the Influence (DUI) Conviction
A DUI conviction results in a six-month suspension for the first offense. You may petition for a restricted license in limited cases. A second or third offense can lead to a two to four-year suspension.
4. Underage Drinking
Minors caught drinking will lose their driver’s license for one year or until they turn 18, whichever is later.
5. Failure or Refusal of a Drug or Alcohol Test
Implied consent laws mandate suspension or revocation of your license if you refuse a blood, breath, or urine test, regardless of innocence.
6. Excessive Points on Driving Record
Accumulating too many points can lead to driving probation for one year, a six-month suspension, or a full revocation of your license.
7. Vandalism
Engaging in vandalism can result in a one-year suspension. If you are underage, your right to apply for a license will be delayed by one year.
8. Failure to Appear in Court for a Traffic Ticket
Missing a court date or failing to pay a fine on time can lead to the court reporting you to the DMV, resulting in a potential license suspension.
What is a Court Suspension for DUI?
According to SCLG, a court suspension occurs when a judge orders the suspension of a motorist’s driving privileges after a DUI conviction [2].
Key Points about Court Suspensions for DUI:
Initiation Process:
A DUI criminal case usually begins slower than the DMV suspension process. It starts only when a prosecutor files criminal charges, which can take time.
Legal Proceedings:
Upon filing charges, the driver can either plead guilty or not guilty. A guilty plea can result in a judge ordering a court suspension as part of the punishment.
If the driver pleads not guilty, the case proceeds to a criminal trial where the motorist has the right to legal counsel and other formal protections.
Trial Details:
Unlike a DMV hearing, a criminal trial is more formal, overseen by a judge, and includes a jury that decides the case outcome.
The state must prove the driver’s guilt “beyond a reasonable doubt,” a higher standard than the “preponderance of the evidence” used in DMV hearings.
Proof Requirements:
The state must demonstrate that the motorist was operating a vehicle and was intoxicated or had a BAC of 0.08% or higher. If the jury finds the driver guilty, the court may impose a license suspension.
Overlap with DMV Suspension:
If the DMV has already suspended the driver’s license, many states allow the suspensions to overlap, meaning the time served under the DMV suspension can count towards the court-ordered suspension.
Facts About Court License Suspensions in California
In California, drivers can face license suspension if convicted of a DUI in court.
Although the DMV plays a role in the suspension process, it is triggered by the court notifying the DMV of the conviction, at which point the suspension begins [3].
Key Points on Court License Suspensions:
Triggering Offenses:
License suspensions apply primarily to convictions for driving under the influence of alcohol or causing injury while DUI. Drug-related DUIs do not typically trigger this suspension.
Accepting a plea bargain for a lesser charge, such as dry reckless, wet reckless, or exhibition of speed, can help drivers avoid suspension.
Defense Strategies:
To avoid a court license suspension, many drivers collaborate with a DUI lawyer to contest the charges.
Common defenses include:
- Arguing the driver was stopped without due cause.
- Demonstrating the driver was not inebriated while operating the vehicle.
- Challenging the accuracy of the administered tests, claiming false-positive results.
Successfully beating a DUI charge will prevent a license suspension.
However, even if convicted, drivers may opt to install an ignition interlock device (IID), which allows them to continue driving. The IID measures BAC before permitting the vehicle to start.
Consequences of Court License Suspensions:
Court-ordered suspensions can be more severe than administrative suspensions.
The duration depends on the driver’s previous record, with potential suspensions of:
- Up to one year for a first conviction.
- Up to two years for a second conviction.
- Up to three years for a third conviction.
By understanding these aspects, drivers can better navigate the legal consequences of DUI convictions in California.
Related Article: Aiding and Abetting a DUI
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References:
1. https://www.courts.ca.gov/documents/dmv_handout.pdf
2. https://www.shouselaw.com/ca/blog/what-is-the-difference-between-a-dmv-suspension-and-a-court-suspension/
3. https://www.simmrinlawgroup.com/faqs/administrative-suspension-vs-court-suspension/