Driver's License Suspension Time Limits?

Asked 12 months ago - Encinitas, CA

With regards to 13352(a)1 for a first offender, the license suspension is stated to be 6 months. However, in the same section, it states that the DMV will not reinstate a license until their program requirement has been met. (Which conceivably could take longer than 6 months to accomplish) In situations such as that, how would 13556 be applied? How long could the DMV suspend a license for in that situation and still be within the law as stated in 13556?

Additional information

None of the answers provided actually answered the question posed.. VC13356 sets specific time limits for how long a license can be suspended.. My question as it relates to 13352 is how the DMV can refuse to reinstate a license if for instance 2 years have gone by and the DUI class requirements are not met? It seems as though it might fall under 13556 (b) except for the fact that it isn't a discretionary suspension. That said, how can the DMV continure to suspend a person's license?

Attorney answers (4)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . the first offender program is 3 months. Upon conviction, you get suspended and the DMV won't reinstate until the program requirement has been met. however, you can get a restricted license if you show proof of enrollment in the program.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. Sholeh Iravantchi

    Contributor Level 15

    3

    Lawyers agree

    Answered . Agree with Mr. Solis. Also fulfillment of required program is the condition for suspension to be lifted.

  3. James Melvin Taylor

    Contributor Level 5

    3

    Lawyers agree

    Answered . The DMV will suspend your driving privileges until their requirements are satisfied, such as proof of enrollment or completion of DUI AB541 first offender program (if not enhanced), SR-22, and a fee.

  4. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Maybe, but only if your BAC was .20 or higher of if you have a prior DUI within 10 years.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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