San Diego DMV License Suspension Third Offense
If you are arrested for a third California DUI, a private defense attorney from Ross Law Center can help you lessen your license suspension and possibly avoid jail time.
If you are arrested for your third California DUI, you may receive 2 separate driver’s license suspensions. If convicted in court, you will receive a 3-year driver’s license suspension. If you loose your California DMV hearing, you will receive a 1-year suspension.
If you are convicted in court and loose your DMV hearing, your California driver’s license will be suspended for 3-years (not 4).
DMV License Suspension for a Third Offense California DUI
If your blood alcohol content (BAC) was .08 or higher at the time of your third DUI arrest, the California DMV will automatically attempt to have your license suspended due to an administrative per se violation (APS).
Your California DMV hearing and your Court trail are independent of each other.
If you win your California DMV hearing, your license will not be suspended.
If you loose your California DMV hearing, you will receive a 1-year driver’s license suspension.
The California DMV hearing only deals with your driving privileges based on the details of your third DUI arrest.
- You have the right to be represented by a private attorney at your California DMV hearing. Having a private attorney represent you highly increases your odds of saving your driver’s license. A public defender will not represent you for a DMV hearing.
- There are several benefits to having your private attorney represent you for your California DMV hearing. This is your private attorneys first opportunity to quickly expose possible mishandling by the police department and weakness in the prosecution’s case. Your attorney can also cross-examine and subpoena the arresting officer about your case and the officer’s transcript can be useful in negotiating a lesser charge later in court.
- California DMV hearings are conducted over the telephone or in person.
The Court trial will deal with the criminal act committed and whether you are guilty or not guilty of that criminal act.
Does a Third Offense California DUI always result in a Three-Year License Suspension?
If you are arrested for a second time California DUI, a private defense attorney from Ross Law Center can help you prevent the often imposed 3-year license suspension 2 ways:
1. Request a DMV hearing within 10 days of your arrest and win the hearing.
- After your driver’s license is confiscated, it will be sent to the California Department of Motor Vehicles (DMV) and will automatically be suspended unless you request a DMV hearing within 10 days of your arrest. The suspension begins after the pink forms 30-day temporary license expires.
- If you request a DMV hearing within 10 days of your arrest, you can delay your suspension until your hearing is complete. You will avoid suspension if you win your hearing. If you loose your hearing, your license will be suspended for one year (Vehicle Code 13353.3(b)(2)).
3. Win your DUI case in court
- After your DMV hearing and regardless of the outcome, the California criminal court process begins with you, your California DUI defense attorney (if hired), the prosecutor, the judge and perhaps a jury.
- Your case will begin with an arraignment and end with an acquittal or sentencing for the charges against you.
Obtaining a Restricted License after a Third Offense California DUI
If you are convicted in court of a third California DUI offense, and receive a 3-year license suspension, the California DMV allows you to apply for a restricted license 18 months after your conviction.
A restricted driver’s license will allow you to drive to and from work, school, and California DUI School.
The court will impose an 18 or 30-month alcohol program after your conviction. Before applying for a restricted license you must complete at least 12 months of your imposed program.
The California DMV allows you to file for a restricted driver’s license or to fully reinstate your license following your suspension by filing a SR22 form. You may also need to maintain your SR22 with the California DMV for 3 years after your license is reinstated.
You must install an ignition interlock device (IID) in your vehicle. You will need to keep the IID installed for one year. You are permitted to drive anywhere as long as it is in a car with an IID device. You cannot avoid having to install the ignition interlock device (IID) if you want to receive a restricted license.
You will need to pay $125 to reissue your drivers license.
After the suspension period had terminated, you must file to have your California driver’s license reinstated. This can be done by filing a SR22 form with the California DMV.