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19 Mar

How long will my driver’s license be suspended for a DUI in California?

Posted by David Jones on Mar 19, 2014

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How long will your driver's license be suspended after getting a DUI in California?  The short answer… it depends.

A determining factor is whether you refused to take a chemical test or you submitted to the test, and failed. Let's look at each situation and give you an idea of what the driver's license suspension will be with each possibility.

REFUSED TEST: How long will your driver's license suspension be if you refused to submit to a chemical test?  First, remember that an officer may request you submit to one of two kinds of chemical tests: breath or blood. No matter whether you were considered to be a minor (under 21 years old) or an adult at the time of your arrest, if you refused to submit to a chemical test, the following driver's license suspension will occur:

•  If this is your first offense: your license will be suspended for one year;

•  If this is your second offense within 10 years, your license will be suspended for two years;

•  If this is your third or subsequent offense within a 10 year period, your license will be suspended for three years.

FAILED TEST: If you submitted to the chemical test and failed, your license suspension will vary depending on your age. If you were 21 years of age or older when you took the test, and the results showed a .08% BAC or higher, you will receive the following driver's license suspension:

•  If this is your first offense: your license will be suspended for 4 months;

•  If this is your second or subsequent offense within a 10 year period, your license will be suspended for one year.

However, if you were a minor at the time the test was given, and you took either a Preliminary Alcohol Screening (PAS) test or other chemical test, and the results showed a .01% BAC or greater, your license will be suspended for one year.

Remember that you are required by law to submit to a chemical test in order for an officer to determine your drug and/or alcohol content. This is required under the state's implied consent law.

Also, the chemical test should be taken at the time of your arrest and you should be given the option of whether you'd prefer to take either a blood or breath test. However, the PAS tests, mentioned earlier, these may be requested by the officer in addition to a chemical test. You are not required under the California implied consent law to take a PAS test. You may refuse this test and you may refuse to take the Field Sobriety Tests (FST's).

Getting pulled over is an unwelcome occurrence and most people become anxious when approached by law enforcement. This is why it is helpful to be aware of your basic rights before something like this happens to you.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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