When does the mandatory 30 day license suspension go into affect?

Asked over 3 years ago - Chino Hills, CA

Does this include the 30 day temporary license that was issused after the arrest or do you have to wait an additional 30 days?

Attorney answers (3)

  1. Robert Lee Marshall

    Contributor Level 20

    1

    Lawyer agrees

    Answered . When were you arrested? You have ten days from the date of arrest to ask for a DMV hearing and request a "stay," which will allow you to keep driving until DMV makes a decision after the hearing.

    If you missed the deadline for a DMV hearing, you can continue to drive for 30 days after your arrest, using the pink DS367 form as a temporary license. If this is a first offense and you were 21 or older at the time of the arrest, the suspension will go into effect 30 days after your arrest.

    When the 30 days have passed, you can get a restricted license from DMV. You will need proof of enrollment from a state licensed DUI school, an SR22 certificate from your insurance company which proves you have insurance for the next three years, and the reissuance fee of $125.00.

    The restricted license allows you to drive to and from work and the DUI school, and in the course of your employment.

    There is a longer wait for a restricted license if you have prior DUI convictions. If you were under 21, you have to prove you have a critical need to drive before DMV will give you a restricted license.

  2. Matthew Ian Terry

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . Reading into your question, it appears that someone (either in person or through a website) advised you of the ability to obtain a restricted license. This is true; however, it is highly recommended to contact an attorney in your area. You have ten calendar days from the date of the arrest to contact the DMV Driver Safety Office in your county to request a hearing. Your driver's license is considered a "protectible property interest" by the Supreme Court, entitling you to a due process hearing before a neutral decision-maker before they may deprive you of that interest. Even if you think you don't stand a chance of winning, there is virtually no down side or additional punishment for you to exercise that right.

    If you are suspended because of the 10-day period passing, the suspension will go into effect 30 days from the date of the arrest. If you request a hearing, your license suspension will be put on hold pending the outcome of the hearing.

    If there is a hearing, the DMV will provide you with a Notification of Findings & Decision as to when the suspension will begin. (Of course, if you win the hearing, you will receive a "Set Aside" notice and your license can be obtained at your nearest DMV.)

    If it is a 1st offense in 10 years, the Vehicle Code mandates a 4 month suspension of all driving in California. However, you may obtain a restricted license if you enroll in a DUI program, obtain an SR-22 (proof of insurance) and pay the DMV a $125 reissue fee. Once all three of these are performed, you may obtain a restricted license to drive to, from and during the course of your employment. It will add 2 months to the end of your administrative suspension, meaning 30 days of a full suspension and 5 months of a restricted license.

    Driving to school is not included within the statute, though you may receive advice that this is acceptable. While the argument can be made that school is simply an extension of the term "employment," as the two are invariably related, it must be emphasized that this is not specifically authorized under the restricted license statute and could theoretically become a problem if you are pulled over on your way home from school.

    Keep two things in mind: (1) the ability to drive on a restricted license after 30 days only applies if you are 21+ and arrested for a 1st offense; and (2) if you are convicted down the road, you will face an additional 6 month suspension. This can automatically be converted to a restricted license though, upon payment of approximately $55 to the DMV.

    The area of DMV suspensions is a convoluted subject that confuses the best of attorneys. It is highly recommended that you obtain assistance in your area from a qualified DUI attorney. Check both the National College of DUI Defense website as well as the California DUI Lawyers Association website for a list of competent, knowledgeable professionals in this area of criminal defense.

    Good luck!

  3. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . If your license was suspended in a DUI case - either because you didn't request a hearing to challenge the suspension, you lost the DMV hearing or you were convicted of a DUI, you'll have to do 30 days of actual suspension before you can seek a restricted license.

    To answer what I think is your question, your temporary license (that pink paper given to you when you were arrested) was good for 30 days. After that 30 days, your license is suspended automatically. 30 days after that suspension begins is when you can apply for the restricted license, so it's 60 days after your arrest. (30 days to drive on the temporary, then 30 days suspension with no driving).

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