Do you lose your license automatically with a DUI conviction?

DUI conviction and Drivers License implications

Question: Do you lose your license automatically with a DUI conviction?  I was convicted of a VC 23152(a) DUI recently.  This is not the .08 or higher part of the law.  So since the vc 23152(b) DUI with a .08 or more charge was dismissed and I only took a deal for the VC 23152(a) part, does that mean that I will not have a drivers license suspension?

Answer: Generally speaking,  If you are convicted of a DUI, whether it is a VC 23152(a) or VC 23152(b) charge that you are convicted of, the DMV will suspend your license automatically. Often, there is hope for getting the DUI charges dismissed, and reduced to a lesser charge that would not invoke the automatic license suspension, and often times without having to go to trial.  But in your situation where you already entered the plea, then the drivers license suspension is imminent.

It is possible to get a restricted license.  The Interlock Restricted License (IID) is now a California wide statute.  There were also recently updates to the IID requirement and restricted license options as of the year 2019.  As of the date that this post was edited, on a 1st Defense misdemeanor non-injury DUI you would have the option of a 6 month IID restricted license, or a 12 month work restricted license.

There are some situations in which you can not get a restricted license.  For example, if the DMV took direct action against your license on a refusal issue.  Also, if you were under 21 at the time of the arrest, then you would have to apply for a critical needs license vs. an IID or work restricted license, which is a different process.

Check out the following link and scroll down to the section about Interlock Devices for more information:  Interlock Restricted 

Feel free to call me at (818) 336-1384 if you have any other questions about your drivers license.


Phil Hache
Attorney; Criminal Defense, DUI Defense, DMV hearings, and Traffic Ticket Defense