Understanding License Suspension Periods by DUI Offense
The length of your license suspension depends on several factors: whether this is your first DUI or a repeat offense, whether you refused chemical testing, and whether anyone was injured. Here's what you're facing at your DMV hearing:
First-Offense DUI
If you took the chemical test:
- 4-month suspension
- Eligible for restricted license after 30 days
- Can get IID-restricted license immediately (drive anywhere)
If you refused testing:
- 1-year suspension
- No restricted license for 90 days
- Must complete 9-month DUI program
Second-Offense DUI
If you took the chemical test:
- 1-year suspension
- Must install ignition interlock device (IID)
- Can apply for IID-restricted license after 90 days
If you refused testing:
- 2-year revocation
- No restricted license for 1 year
- Must complete 18-month DUI program
Third-Offense DUI
If you took the chemical test:
- 2-year revocation
- IID required for restricted license
- Can apply for IID-restricted license after 6 months
If you refused testing:
- 3-year revocation
- No restricted license for 18 months
- Must complete 30-month DUI program
Fourth (or More) DUI
Permanent consequences:
- 4-year revocation
- May apply for IID-restricted license after 12 months
- Lifetime IID requirement if license restored
- Refusal adds additional time
Fourth DUI is a felony in California with potential state prison time.
DUI with Injury - Enhanced Penalties
If your DUI involved an injury to another person (Vehicle Code § 23153), you face significantly harsher DMV penalties:
- First injury DUI: 1-year suspension minimum
- Second injury DUI: 2-year revocation
- Third or subsequent: 3-5 year revocation
- Refusal with injury: Add 1-2 additional years
- Injury DUIs are automatically charged as felonies if great bodily injury occurred
Special DMV Hearing Issues
Underage DUI Cases (Under 21)
California has a "zero tolerance" policy for drivers under 21. If you're under 21 and arrested in Nevada City, you face multiple license suspensions:
Zero Tolerance Law (Vehicle Code § 23136)
- Triggers: Any measurable BAC (0.01% or higher)
- Penalty: 1-year suspension
- No DMV hearing available for zero tolerance violations
- Administrative action only—separate from criminal DUI
Underage DUI (Vehicle Code § 23140)
- Triggers: BAC of 0.05% or higher
- Penalty: 1-year suspension
- You CAN request a DMV hearing to challenge this
- Same 10-day deadline applies
Standard DUI (BAC 0.08% or Higher)
- Treated as adult DUI for DMV purposes
- DMV hearing available (must request within 10 days)
- Suspensions range from 1-4 years depending on BAC and refusal
- Criminal penalties are enhanced for underage drivers
Important for Nevada City parents: If your teenager was arrested for DUI, they may face multiple overlapping suspensions. I can help you understand which suspensions apply and how to challenge them at the DMV hearing.
Out-of-State Drivers
If you have an out-of-state license and were arrested for DUI in Nevada City, California's DMV will still take action against your driving privilege in California. Here's what happens:
Your California Driving Privilege
- Even though you don't have a California license, you have a "driving privilege" in California
- The DMV will suspend this privilege, meaning you cannot legally drive in California
- You still have the right to request a DMV hearing within 10 days
- Winning the hearing protects your right to drive in California
Will your home state find out? Most likely, yes. Through the Interstate Driver's License Compact, 45 states (including Nevada, Oregon, Idaho, and Arizona) share DUI conviction information. Your home state may impose its own suspension even if you win your California DMV hearing.
What if you're just visiting Nevada City? Even if you're a tourist or traveling through, you should still fight the California DMV suspension because:
- It may affect your home state license
- You won't be able to drive if you return to California for any reason
- A California DUI suspension on your record can affect insurance rates
- Winning the DMV hearing helps your criminal DUI defense
Military personnel stationed in California: If you have an out-of-state license but are stationed at Beale Air Force Base or another California military installation, the same rules apply. I have experience helping military members protect both their California driving privilege and their home state license.
The Administrative Per Se (APS) Hearing Process
When you're arrested for DUI in Nevada City, two separate actions begin: a criminal court case and an administrative DMV proceeding. The DMV hearing (called an APS hearing) determines only whether your license will be suspended—not whether you're guilty of DUI.
What the DMV Must Prove
At your APS hearing, the DMV must prove four elements by a preponderance of the evidence (more likely than not):
- The officer had reasonable cause to believe you were driving under the influence
- You were lawfully arrested
- You were driving with a BAC of 0.08% or higher, OR
- You refused to submit to or complete a chemical test after being properly advised
As your attorney, I challenge each of these elements by examining the evidence, cross-examining the arresting officer, and presenting legal defenses specific to your case.
Common DMV Hearing Defenses
Every Nevada City DUI case is unique, but here are defenses I frequently use to win APS hearings:
- Lack of reasonable suspicion: The officer didn't have valid grounds to stop your vehicle on Broad Street, Highway 49, or Highway 20
- No probable cause for arrest: The officer's observations and field sobriety test results don't support a DUI arrest
- Rising blood alcohol: Your BAC was under 0.08% while you were driving but rose above the limit by the time of testing (common with recently consumed alcohol)
- Mouth alcohol contamination: Breathalyzer results were affected by belching, vomiting, GERD, or recent alcohol consumption
- Medical conditions: Diabetes, acid reflux, or other conditions created false high BAC readings
- Improper blood draw: Blood sample was not properly collected, stored, or tested according to Title 17 regulations
- Breath machine malfunction: The breathalyzer wasn't calibrated properly or had mechanical issues
- No actual refusal: You attempted to comply but were physically unable, or the officer didn't give you proper options
Winning Your Hearing Helps Your Criminal Case
When I challenge the evidence at your DMV hearing and win, it creates momentum for your criminal DUI defense. The weaknesses I expose in the prosecution's case—improper procedures, unreliable testing, lack of probable cause—become powerful tools in negotiating with the Nevada County District Attorney or defending you at trial.
Restricted License Options After Suspension
Even if we're unsuccessful at the DMV hearing and your license is suspended, you may still be able to drive with restrictions:
Work-Only Restricted License
This traditional option allows driving to and from work, DUI school, and court-ordered programs:
- Available after serving 30-day hard suspension (no driving at all)
- Must enroll in DUI program
- Must file SR-22 insurance
- Pay $125 reinstatement fee
- No ignition interlock device required
- Limitation: Can only drive to specific approved locations
IID Restricted License (Recommended)
With an Ignition Interlock Device, you can drive anywhere, anytime:
- Available immediately—no hard suspension period
- Drive to work, errands, appointments, anywhere you need
- Must install certified IID in your vehicle ($150-200/month)
- Must enroll in DUI program
- Must file SR-22 insurance
- Advantage: No restrictions on where or when you drive
For Nevada City residents who need to commute to Grass Valley, Auburn, Sacramento, or who have families and responsibilities throughout Nevada County, the IID-restricted license is usually the better option despite the device cost.
Why Local Representation Matters
Nevada City Attorney Who Knows Our Community
I've practiced in Nevada City for over 20 years. I'm not a high-volume Sacramento firm—I'm your neighbor on Broad Street. When you hire me for your DMV hearing, you get:
- Familiarity with local officers: I know the Nevada City Police and CHP officers who patrol Highway 49 and Highway 20, their training, and their typical DUI arrest procedures
- Knowledge of local roads: I understand the geography of Nevada City—where checkpoints are typically set up, problem intersections, and common traffic patterns
- Nevada County expertise: After two decades, I understand how DMV hearings work for Nevada County residents and what hearing officers expect
- Personal attention: You work directly with me, not a paralegal. You have my direct phone number
- Quick action: When you call, I immediately file your hearing request to protect your 10-day deadline
- Combined strategy: I handle both your DMV hearing and your criminal DUI case in Nevada County Superior Court, creating a coordinated defense
Frequently Asked Questions
What happens if I don't request a DMV hearing?
If you don't request a hearing within 10 days, your license is automatically suspended 30 days after your arrest. There's no hearing, no chance to challenge the evidence, and no opportunity to keep your license. The suspension goes into effect and you must wait out the entire suspension period or apply for a restricted license. Don't let this happen—call me immediately after your arrest.
Can I request a hearing myself without a lawyer?
Yes, you can request a DMV hearing without a lawyer, but I strongly advise against representing yourself at the actual hearing. The DMV hearing has specific rules and procedures, and the hearing officer works for the agency trying to suspend your license. Without knowing how to challenge breath test results, cross-examine officers, or present technical defenses, you're at a significant disadvantage. Most self-represented people lose their hearings.
Will I have to appear at the DMV hearing?
No. As your attorney, I represent you at the hearing and you typically don't need to attend. I conduct all the questioning, present evidence, and make legal arguments while you continue with your life. In rare cases, I may ask you to testify if your testimony would strengthen our case, but we'll discuss that strategy beforehand.
What if the officer doesn't show up for the hearing?
If the arresting officer doesn't appear at your DMV hearing, the DMV can still proceed using the officer's written report and other evidence. However, the officer's absence weakens the DMV's case because I can't cross-examine them about inconsistencies, observations, or procedures. This often results in the suspension being set aside.
Can I get a DMV hearing if I refused the chemical test?
Yes. Even if you refused testing, you still have the right to a DMV hearing. At the hearing, I can challenge whether you actually refused, whether you were properly advised of the consequences, or whether you were physically unable to complete the test. Refusal cases are more difficult but absolutely winnable with proper legal representation.
How long does it take to get a hearing decision?
After your DMV hearing, the hearing officer typically issues a written decision within 1-3 weeks. During this waiting period, your temporary license remains valid. If we lose, I can immediately begin the appeals process or help you apply for a restricted license so you can continue driving.
What if I win the DMV hearing but lose my criminal DUI case?
Winning your DMV hearing means you keep your license regardless of what happens in criminal court—at least initially. However, if you're later convicted of DUI in Nevada County Superior Court, the court will impose its own license suspension as part of your sentence. But winning the DMV hearing buys you time and driving privileges while your criminal case is pending, which can take months or even a year.
I have a commercial driver's license (CDL). What are my options?
CDL holders face unique challenges. A first DUI results in a 1-year CDL disqualification even if you were driving your personal vehicle, and there's no restricted CDL available. A second DUI means lifetime CDL disqualification. Winning your DMV hearing is absolutely critical to protecting your livelihood. Call me immediately at 530-265-0186 if you're a commercial driver—we have very limited time to act.
Take Immediate Action
The 10-day deadline doesn't pause for weekends, holidays, or while you "think about it." Every day that passes is one less day to prepare your defense. If you've been arrested for DUI in Nevada City, call me now at 530-265-0186.
I'll file your hearing request immediately, review the arrest details, obtain the evidence, and build your defense. The consultation is free, and the DMV hearing representation protects your license while we work on your criminal defense.