DUI License Suspension in California
If you've been arrested for DUI (Driving Under the Influence) in California, one of the first and most immediate consequences you'll face is the suspension of your driver's license. Whether you are a first-time offender, a commercial truck driver, or a repeat DUI defendant, losing your driving privileges can seriously impact your job, family, and freedom.
At Walia Law Firm, our experienced California DUI lawyers fight aggressively to protect your license and your future. We represent drivers throughout the San Francisco Bay Area, including Alameda County, Santa Clara County, San Mateo County, and Contra Costa County, and coordinate strategy with your DMV hearing, court case, and urgent consult.
Understanding DUI License Suspension in California
In California, a DUI arrest triggers two separate legal actions:
- The DMV Administrative Per Se (APS) hearing, and
- The criminal court case for DUI charges.
These are independent proceedings. Even if your criminal case is dismissed, the California Department of Motor Vehicles (DMV) can still suspend your license unless you take timely action.
The 10-Day Rule: Request a DMV Hearing Immediately
After your DUI arrest, the DMV automatically begins the suspension process. You have only 10 days from the date of your arrest to request a DMV hearing to challenge the suspension.
If you fail to request a hearing within 10 days, your license will be automatically suspended—usually 30 days after the arrest.
Types of License Suspensions After a DUI Arrest
1. Administrative Suspension (DMV Action)
This suspension is based on the results of your chemical test (breath, blood, or urine).
- If your BAC (Blood Alcohol Content) was 0.08% or higher, your license will be suspended even before your court case is resolved.
- For commercial drivers, the BAC limit is 0.04% (see CDL DUI rules).
- For drivers under 21, a 0.01% BAC can trigger a suspension under California's Zero Tolerance Law (details on our under-21 DUI page).
2. Court-Ordered Suspension
If convicted in criminal court, the judge can impose an additional suspension period under California Vehicle Code §13352. These penalties escalate quickly for second and multiple-offense DUIs.
License Suspension Periods by Offense
| Offense Type | Suspension Duration | Notes |
|---|---|---|
| 1st DUI offense | 6 months | May be converted to restricted license; Can apply for IID restricted license |
| 2nd DUI offense (within 10 years) | 2 years | IID installation may allow restricted driving |
| 3rd DUI offense | 3 years | License revocation possible |
| Refusal to take chemical test | 1 year (first offense) | Longer for repeat refusals |
| Commercial driver DUI | 1 year | Lifetime disqualification for second offense |
Options to Drive After a DUI Suspension
Even if your license is suspended, you may be eligible for a restricted license that allows you to drive to work, school, or DUI school.
In most cases, installing an Ignition Interlock Device (IID) can help you continue driving legally throughout the suspension period; see the detailed steps in our IID guide.
Our California DUI lawyers can help you determine eligibility and guide you through the DMV paperwork to restore limited driving privileges.
DMV Administrative Per Se (APS) Hearing
The APS hearing is your opportunity to challenge the license suspension. Common defense strategies include:
- Challenging the legality of the initial traffic stop
- Questioning the accuracy of chemical testing equipment
- Examining proper police procedures during arrest
- Reviewing chain of custody for blood samples
- Challenging the validity of field sobriety tests
Commercial & Truck Driver DUI Penalties in California
If you hold a Commercial Driver's License (CDL), a DUI conviction has devastating consequences.
- A first DUI leads to a 1-year suspension of your commercial license—even if you were driving your personal vehicle.
- A second DUI offense results in a lifetime disqualification from holding a commercial license.
Our truck driver DUI attorneys in the Bay Area understand how critical your CDL is to your career. We'll fight aggressively to challenge your DUI arrest, question the validity of the stop, and protect your livelihood.
Immediate Steps After DUI Arrest
- Request a DMV hearing within 10 days of your arrest.
- Contact an experienced DUI defense attorney immediately.
- Preserve all documentation related to your arrest and testing.
- Do not discuss your case with anyone besides your attorney.
- Consider enrolling in DUI programs proactively.
How a California DUI Lawyer Can Help
At Walia Law Firm, we focus on DUI defense and protecting your right to drive. We provide:
- Representation at DMV hearings and criminal court
- Legal defense strategies to challenge field sobriety tests, BAC results, and probable cause
- Help obtaining an IID restricted license
- Defense for commercial drivers, Uber/Lyft drivers, and professional license holders
Our Bay Area DUI lawyers combine courtroom experience with in-depth knowledge of California DUI laws, giving clients a strong chance at reducing or avoiding suspension altogether.
Why Choose Walia Law Firm for Your DUI Case
- 20+ years of experience handling criminal and DUI defense cases in California courts
- Proven track record of license reinstatements and reduced charges
- Personalized defense strategy for each client
- Serving the San Francisco Bay Area, including San Jose, Fremont, Oakland, Hayward, and Dublin
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
