How long is a 2nd DUI suspension in California?
A driver concerned about a 2nd DUI in California can have their license suspended by two different government entities:
1. The California DMV
2. The Criminal Courts
For the DMV, the driver’s license suspension is 1 year in length. For the criminal court, the length of the suspension depends on the disposition of the case.
Both the DMV and the courts are tough when it comes to 2nd DUI’s: A driver who is found to have committed a 2nd DUI (within 10 years of the prior DUI) will have their license suspended for 1 year from a DMV imposed suspension. In addition to the DMV action, the criminal court can also impose restrictions on their license, including the mandatory installation of an ignition interlock device on the car of the driver.
How to avoid a 2nd DUI License Suspension in California:
A 2nd DUI case is no different than any other DUI case: the defenses that save a driver’s license that work are used by DUI attorneys to prevent license suspension are aimed at attacking the prosecution or DMV’s case against the driver.
For the DMV process, the DMV has to prove the following at a DMV APS Hearing:
1. The driver was driving on public roadways
2. Their detention and arrest was lawful
3. The blood alcohol level at the time of driving was at or above 0.08%.
Defenses that are used in preventing 2nd DUI license suspensions attack one or more of these elements that must be established by the DMV.
Examples of defenses to whether the driver was driving on public roadways are used when more than one person is at the scene of the arrest and it cannot be determined who in fact was driving the car. In other cases, the driving occurred on private property, and thus no “public roadway” or “highway” was involved.