The drivers license is administrated by the DMV and they don't need the court's permission to suspend, restrict or revoke a license. You should meet with an attorney who has DMV experience. Many such reputable attorneys offer a free consultation. I enourage you to meet with one soon.
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Yes they can, the law requires it on a second within 10 years.
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Yes, DMV can do so. It is not an "APS" action, it is through "Mandatory Actions". It is a collateral consequence of a DUI conviction. If you had an attorney, they should have advised you. If you didn't, that is a good reason why you should have had one. You may have missed out on viable defense.
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State licensing agencies, including but not limited to DMV, exercise their powers pursuant to statute.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
DMV is a separate animal from the courts. Normally for first time DUIs, the DMV will suspend your license (1) just for being arrested for DUI and (2) being convicted of a DUI. What is the difference? When arrested the cop takes your license away, this initiates a 4 month license suspension. In your case your suspension was only for 4 months probably because it was only related to the arrest.
Then, once you go to court and plead out your case, and plead to a DUI conviction, the DMV will normally issue a FURTHER license suspension of about 6 more months. If you are convicted of a second time DUI, this further suspension is NOT only a mere 6 months, but they will increase to 1 year or in your case 2 years.
So, to sum up, the reason why they suspended it for four months at first was because you had not handled your case, when you resolved your case then the DMV has the right to increase the suspension. Again, as stated here, your lawyer should have advised you of this. This is not meant to be legal advice, I am not your lawyer.
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