DMV Penalties

DMV Penalties of a California DUI

Some California DUI offenders may think that paying fines and being put to jail are the only penalties for drunk driving. What they do not know is that the California Department of Motor Vehicles (DMV) can punish those charged with a California DUI in their own way. The California DMV actually has their own penalty system for people guilty of a California DUI. This is why a California DUI lawyer is needed not only during criminal hearings but also during what people call: ‘license hearings.’

The California DMV has the authority of the granting and denial of a person’s license to drive. Because of this power, the California DMV has the right to either suspend or take away the licenses of drivers who are offenders of a California DUI.

People who have been charged with a California DUI may not only be considered unfit to drive, but also serve as threats to the other motorists and their vehicular properties, thus the California DMV can decide to teach the offenders the very important lesson of avoiding a California DUI.

The California DMV holds hearings on whether the arrestees should be given a driver’s license suspension because of engaging in California DUI. This means that a California DUI lawyer is also needed in the said hearings aside from the criminal court hearings the arrestees have to go through. The California DMV uses the same evidence used in the California DUI criminal court hearings, but this does not mean that the decision of the DMV officer and the criminal court judge on California DUI will be the same.

The following are the usual penalties imposed by the DMV on people who have been proven guilty of a California DUI:

First Offense

A person who has been charged with a California DUI for the first time and has a Blood-Alcohol concentration of at least .08% may be given a driver’s license suspension for a period of 4 months. In the person’s refusal to undergo chemical testing, the license suspension may last up to a year.

Second Offense

DMV Penalties of a California DUI

For people who have been found guilty of a California DUI for the second time, the driver’s suspension may last for one year. Those who refuse testing for their Blood-Alcohol concentration to confirm a California DUI may be suspended for two years.

Third Offense

A third offense of California DUI may mean gaining license suspension for 3 years. A 3 year suspension may also be given to those who still refuse to submit to testing for Blood-Alcohol Concentration.

Fourth Offense

For those charged with a California DUI for the fourth time, a 4 year suspension of their licenses may be given. Refusal to undergo chemical testing may also result to a 4 year license suspension.

People may have to bear in mind that any suspension given by the California DMV on those guilty of a California DUI applies solely to their driving privileges. Other criminal penalties may be imposed by the criminal court. A thorough understanding of the California DUI penalties and the DMV penalties is a must, which may be learned via thorough discussion with a California DUI lawyer.