DUI DMV penalties in California are designed to punish DUI drivers, deter drivers from driving while impaired, and ultimately reduce traffic collisions. The California DMV has been given wide reaching and some would argue overly broad authority to suspend the driving privileges of people stopped for DUI. This DMV penalty process for DUI drivers is seperate from the criminal case they may face.
1st DUI DMV Penalties in California
-4 months Driver’s License suspension for Class C License holders
-1 year Driver’s License suspension for class A license holders.
-1 year License Driver’s suspension for DUI refusal cases (both class A & C class licenses)
(Class C is the most common license– Class A licenses are for commercial drivers.)
2nd DUI DMV Penalties in California
–1 year Driver’s License suspension for class C license holders.
-2 year License Driver’s suspension for DUI refusal cases ( C class licenses)
– Lifetime license suspension for class A license holders) for all cases
3rd DUI DMV penalties in California
– 1 year driver’s license suspension Class C license holders
-3 years drivers license suspension for DUI refusal cases for class C
The APS process
The California DMV’s authority to suspend drivers’ licenses in DUI cases comes from changes in the vehicle code that established the “Administrative Per Se” process. The APS process starts with the arrest. During the arrest, law enforcement (commonly CHP) will initiate a traffic stop or man a DUI checkpoint where a driver is approached by offices. If the law enforcement officers have valid pobable cause to demand a chemical sample from the driver, they will advise the driver of California’s “Implied Content Law.” The implied content law requires a driver to submit a blood or breathiest where law enforcement has reasonable cause to believe the driver is impaired by alcohol or drugs.