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DUI LAW CHANGES AS OF 1/1/05

1ST DUI OFFENSE

If convicted, the court no longer orders a 90 day restriction. Pursuant to VC23538(1)(2), the license is suspended for 6 months under VC 13352(a)(1). The department may issue a restricted license pursuant to VC 13352.4. Pursuant to VC 23538(a)(3), the court can prevent the issuance of a restricted license if the court feels that the individual poses a threat to public safety. Additionally, the court can impose a longer program based on the licensee’s record of convictions for PC647(a) and DUI’s in which case, the DMV will thereafter require the court ordered program as a condition to full reinstatement of the license.

If the DMV has administratively suspended the driving privilege pursuant to VC 13353.2, then pursuant to VC 13353.3, the license will be suspended for 4 months. Pursuant to VC 13353.7(a), the licensee may apply for a restricted after 30 days subject to a 5 month restriction, VC 13353.7(a)(3). The licensee can no longer terminate the restriction early after completing the program and 60 days of restriction, VC13353.7(a)(5) (inoperative as of 9/20/05)

If a licensee is under administrative suspension/restriction and receives notice of a conviction, the suspension under VC 13352(a)(1) must be imposed (see VC13353.7 and 13353.3) subject to 13352.4 which authorizes a restricted license for the length of the program ordered by the court. Pursuant to VC13353.3(c), both the suspension under VC 13352 and VC 13353.2 run concurrently with the total period not to exceed the longer of the two. Credit is given for time served under suspension towards the total period that the license is affected.

2nd DUI OFFENSE – WITHIN 10 YEARS
If convicted, the court will no longer have any authority to order an 18 month restriction. Under VC 23542(a)(2), the license will be suspended for 2 years pursuant to VC 13352(a)(3). The licensee can apply for a restricted license after 12 months, including any time served under suspension as a result of VC 13353.3. The court has authority under VC 23542(d) to prevent the issuance of a license after 12 months if the court feels that the individual would pose a risk to public safety.

The Administrative suspension pursuant to 13353.3(b)(2) is for 1 year. In the case of a DMV set aside, the licensee is still required to serve a 12 month period of suspension pursuant to VC 13352(a)(3) as a result of a conviction.

If a licensee is under an administrative suspension/restriction and the DMV receives notice of a conviction, the suspension under VC 13352(a)(3) must be imposed but the time periods run concurrently with the total period not to exceed the longer of the two.

3rd DUI OFFENSE – WITHIN 10 YEARS

If convicted under VC 23548, the license is revoked for 3 years pursuant to VC 13352(a)(5). The licensee may apply for a restricted after serving 18 months of suspension pursuant to VC 13352(a)(5) which may include any credit for suspension issued under VC 13353.3(b)(2)

The administrative suspension pursuant to VC 13353.2 is for 1 year as stated in VC13353.3(b)(2).

4th DUI OFFENSE – WITHIN 10 YEARS

If convicted under VC 23550 or VC 23550.5, the license is revoked for 4 years. Pursuant to VC 13352(a)(7). The licensee may apply for a restricted license after serving 24 month of suspension pursuant to VC 13352(a)(7) which may include any credit for suspension issued under VC 13353.3(b)(2)

The administrative suspension pursuant to VC 13353.2 is for 1 year as stated in VC 13353.3(b)(2).

For more information, or if you have been arrested for a DUI, call the experienced California DUI Lawyers at Wallin & Klarich for a free consultation.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.