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Driver's License Suspension Time Limits?

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?

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

Posted

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.

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6 comments

Asker

Posted

How does this answer my question? If it took somebody 3 years to complete the DUI program (for example), how could the DMV keep the license suspended the entire 3 years and not be in violation of VC13556?

Anthony Michael Solis

Anthony Michael Solis

Posted

Not sure? Did you file proof of insurance (SR-22) and pay re-issue fee? And by the way, no program would permit you to take 3 years to complete an AB-541 program, so that's an odd hypothetical.

Asker

Posted

I was never ordered to attend a DUI program by the courts! 13352, which is what the DMV states as it's authority to require the program, refers to VC23538 to describe the program, and in EVERY instance it is stated to be court referred. (Which makes me wonder how that gives DMV authority). On the DMV's own website, the DUI program is stated to be "as ordered by the court." Since I was never ordered by the court to attend this DUI program, I never have.. As for filing the proof of insurance and re-issue fee, I would have gladly done such but the DMV keeps refusing me stating I must first go to a first offender alcohol class.

Asker

Posted

That being said... it has been 6 years now since I was convicted of the DUI and yet my license is STILL suspended. How does that not violate VC13556?

Anthony Michael Solis

Anthony Michael Solis

Posted

Without seeing the documents, I can't tell. I suggest you go to the DMV, get a printout and ask them what you need to do to get your license restored. they don't keep the reasons secret.

Asker

Posted

According to the DMV, I need to attend the first offender DUI program.

Posted

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

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Posted

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.

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1 comment

Asker

Posted

How can the DMV do this and still be in compliance with VC 13556?

Posted

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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