Los Angeles DUI and the Court Driver’s License Suspension

Los Angeles DUI and the Court Driver’s License Suspension

In addition to DMV administrative license suspensions, California courts can also suspend your driver’s license if convicted of DUI criminal charges. This is part of the sentencing process after a guilty verdict or plea.

Court-ordered DUI license suspensions in Los Angeles range from 6 months to 3 years, depending on priors. There are no options for restricted or hardship licenses. You must serve the full suspension term.

This article explains how Los Angeles courts suspend licenses after DUI convictions. We’ll cover the process, suspension lengths, reinstatement requirements, and steps to regaining your driving privileges.

Overview of Court License Suspensions

California law requires courts to suspend the driver’s licenses of all motorists convicted of DUI offenses. This is done at sentencing if found guilty through:

• Guilty plea
• No contest plea
• Jury trial conviction
• Bench trial conviction

The judge has no discretion in the matter – they must suspend the defendant’s license based on mandatory minimum periods set by law.

The Court Suspension Process

Here is how the court license suspension process works after a DUI conviction in Los Angeles:

1. You are arrested for DUI and given a court date
2. You are found guilty through plea or trial
3. The judge suspends your license as required by law
4. The court notifies the DMV of the suspension order
5. DMV implements and enforces the court-ordered suspension

This happens automatically after conviction. There are no DMV hearings to challenge a court-imposed suspension.

Suspension Lengths in Los Angeles

Los Angeles courts are required to impose these license suspension periods after DUI convictions:

• 1st Offense – 6 months
• 2nd Offense – 2 years
• 3rd Offense – 3 years

These are mandatory minimum terms. Judges cannot reduce the suspension period, even for first offenses. The law does not allow court-issued restricted or hardship licenses in DUI cases.

Suspensions for Under 21 DUIs

For underage DUI offenders under 21, the Los Angeles court license suspensions are:

• 1st Offense – 1 year
• 2nd Offense – 2 years
• 3rd Offense – 3 years

These suspensions run consecutive to any DMV administrative suspension imposed on underage drivers.

Reinstating Your License After Suspension

To regain your driving privileges after a court DUI suspension, you must:

• Complete DUI classes and counseling
• Resolve any outstanding DMV issues
• Pay a $55 reissue fee at the DMV
• Maintain an SR-22 insurance policy for 3 years

The DMV will reinstate your license when you complete these requirements and the court suspension term ends. You cannot legally drive until that date.

Restricted Licenses and DUI Suspensions

It is generally not possible to get a restricted or hardship license after a court DUI suspension in California. The law does not grant judges discretion to allow restricted driving privileges.

In very rare cases, an occupational license may be obtained for work commuting only. But you must prove extreme hardship and there is no guarantee of approval.

Suspensions for DUI While Injuring Others

If convicted of DUI causing injury to others under VC 23153, the court license suspension periods are:

• 1st Offense – 1 year
• 2nd Offense – 3 years
• 3rd Offense – 5 years

These increased suspension periods apply when your DUI driving results in injury to other people. Lengthy suspensions help ensure public safety.

Out-of-State DUIs and California Licenses

Even if convicted of DUI in another state, that state can report the offense to California’s DMV. The DMV can then suspend your California license based on the out-of-state conviction.

Make sure to check with the DMV after any DUI, even those that occur outside of California. Never assume your license is safe.

DMV vs. Court Suspensions

Both the DMV and courts can suspend your license independently after a DUI arrest. This means you could face a double suspension if arrested and then convicted.

An attorney can help you fight both the DMV and court action to avoid back-to-back suspension periods. Beating the criminal DUI charges can also prevent a court suspension.

Suspensions as Plea Bargaining Leverage

Prosecutors know license suspensions severely impact DUI defendants. They may offer to reduce the suspension length in exchange for a guilty plea.

An experienced DUI lawyer can negotiate plea deals that minimize the court-ordered suspension period. This provides strong incentive to avoid trial.

Violating a Court Suspension

Never drive in California on a court-imposed suspended license. The consequences if caught are:

• Up to 6 months in jail
• $1,000 in fines
• 1 to 2 year suspension extension
• 30 day vehicle impound

These new criminal charges make regaining your license much more difficult. Strictly obey the court suspension to avoid further penalties.

Conclusion

Dealing with a court-ordered license suspension after a Los Angeles DUI conviction can be challenging. But understanding the process and requirements is critical.

Completing DUI classes, paying reinstatement fees, and waiting out the suspension period allows you to legally drive again. An attorney can guide you through the process smoothly.

References

[1] https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

[2] https://www.courts.ca.gov/documents/dmv_handout.pdf

[3] https://portal.ct.gov/dmv/licenses-permits-ids/license-suspension/driving-under-influence

[4] https://attorneyduilosangeles.com/driving-on-a-suspended-license/

[5] https://aizmanlaw.com/1st-time-drivers-license-suspension-california/

[6] https://www.tn.gov/safety/publicsafety/duioutline.html