2. The DUI Suspension From the DMV.
Typically, if you fail to ask for a DMV hearing within the required time (10 days from date of arrest, but confirm with a Mendocino DUI lawyer immediately if you think you are outside the 10 days -- limited exceptions may apply), or lose the hearing, and if this is your first alcohol-related driving incident, and this is a misdemeanor arrest and you had a valid California license prior to this incident, and you are age 21 or older, and there is no allegation by Mendocino law enforcement of injuries or that you refused to give a breath or blood sample at the time of this arrest, and your alcohol level was below .20%, then even though you may receive a notice from San Francisco DMV stating that you are suspended for four months, you can obtain a restricted Class C "work" license after the first 30 days from the date on the DMV suspension notice as soon as the Ukiah DMV office receives proof of your enrollment in the 30-hour (3 month) Ukiah drinking driver DUI program classes, and receives proof of your SR22 insurance.
This restricted license typically lasts five months and until the Sacramento DMV receives proof of completion of the Mendocino County DUI drinking driver program classes.
Many people find Jake's flow chart to be an easier way to begin to understand the parallel but different DMV and court processes. If you are starting to get confused with this discussion, then click on Anatomy of a Mendocino County DUI.
The Differences Between the DMV Administrative Suspension and the Court Conviction Suspension.
This DMV administrative suspension is different from the mandatory Mendocino County court conviction suspension described in Tip #1 in at least six ways:
(1) Differing outcomes in the same current matter: even if you win in court, or charges are reduced or never filed, this separate DMV suspension is usually still imposed if you fail to win separately at the Santa Rosa DMV;
(2) Differing treatment of prior matters: even if court charges were never filed in a prior matter, or lesser charges were filed (such as under 21 zero tolerance but not DUI), but the DMV suspended you in that prior matter, the DMV may treat this new Mendocino County case as a second or higher DUI and impose the longer one year suspension (without the possibility of a work license) even though the Ukiah prosecutor does not charge the prior matter in the current Mendocino County superior court proceedings;
(3) Required time off the road: if this is your first administrative suspension, then you must serve the first 30 days of the DMV suspension without a work license unless your local Mendocino County attorney can arrange credits or otherwise obtain a different result at the Santa Rosa DMV, whereas all of the Mendocino court-caused suspension is typically convertible into a work license -- in a first DUI scenario, it is this DMV administrative suspension rather than the Mendocino court-generated suspension which typically causes the complete loss of driving privileges for any length of time;
(4) Test refusal cases: if this is your first alcohol- related suspension, a refusal to provide a chemical test at the time of arrest will likely result in a one-year loss of driving privileges with no work or hardship license from Santa Rosa DMV (more than one year if you have priors) whereas the Mendocino County court suspension typically would be totally convertible into a restricted work license; in this case the DMV one year suspension takes priority even though the Mendocino County court may dismiss the refusal allegation or otherwise allow a restricted license;
(5) Length of suspension in multiple priors cases: if this is not your first DMV suspension in the last ten years, then the DMV administrative suspension (without a work license) is only one year (more if you refused to give a chemical test) for any number of priors, whereas the Mendocino court-generated suspension increases to two years, three years, or more depending on the number of court priors; and
(6) Two different restricted work licenses: if your DUI attorney resolves the Mendocino County criminal case in court first, and thereafter you obtain the work license from Ukiah DMV discussed in tip #1 above, then usually DMV requires that you go back to the local DMV office to get a new restricted license after you are suspended again due to the administrative suspension. Typically this requires a new fee. You should talk to your local Ukiah DUI attorney about coordinating resolutions so that only one trip to Ukiah DMV is required, and only one fee is paid.
Client comment: The DUI Program said after I have DUI program enrollment and SR22 accomplished I can go to DMV in 3 working days to apply for a restricted license instead of waiting 30 days. I'll go next Wednesday.
Jake's answer to this client: "(Sigh) Yet another example for my website of wrong advice from the DUI program: remember that we started your DMV administrative suspension the same day as your conviction, but the administrative suspension hasn't been updated to your driving record yet; wait this first 30 days regardless of wrong advice from the DUI program, otherwise (1) you will be required to go to DMV twice to convert two suspensions separately, and (2) you may be caught driving on a suspended license if you are stopped between the dates when the administrative suspension is updated to your driving record and the date you receive notice of the new suspension in the mail. This myopic DUI program "advice" could have cost you a new arrest, impoundment of your vehicle, and a new court case for driving on a suspended license! Don't blindly follow DUI Program advice; wait the 30 days as we discussed."
Beware allowing your Mendocino County court case to drag on far beyond any DMV reimposition of suspension; if this happens you may find that your second restricted license required after a court conviction will result in additional months of restrictions as compared with the bare minimum restriction duration if you coordinate the start of both restrictions at once. Be sure that you thoroughly discuss this process with your Mendocino DUI attorney and that you are comfortable that the possible benefits of prolonging the Mendocino County court case outweigh the risk of a longer restriction period.
Similarities.
(1) As the agency in charge of driver licenses, the DMV administers both suspensions and any restricted licenses. The DMV will send to you all of the license suspension notices (usually without clear information on which suspension is which) to your address on record at the DMV. Be sure you submit your current address to the Ukiah (or nearest satellite) DMV.
You can visit the Ukiah, Lakeport, Santa Rosa or Petaluma satellite DMV office to submit a Mendocino County change of address, or click here to Update Your Address Online if DMV has an old address. Additionally, copies of some of the DUI-related notices are sent to your Mendocino DUI lawyer.
(2) The same Ukiah DUI program classes and the same SR 22 satisfy the same requirements to get both restricted licenses once you are eligible.
(3) If you win at trial in Mendocino County, or your Ukiah lawyer obtains a factual finding of innocence on the specific charge of being at or over .08% (or .01% in under-21 cases) then your Ukiah DUI lawyer will inform Sacramento DMV and win both court and DMV cases at once. Most likely, if the Santa Rosa DMV matter had already been decided against you, it may be overturned with such a win in the Mendocino County courthouse.
How do You know Which Suspension is Which?
Read the notices you receive (save them and ask a local Ukiah lawyer if you don't understand them). Your DUI attorney will explain that in a first DUI, if the duration of your suspension stated on the "Administrative Per Se" notice (first DUI) is four months, then this notice is referring to the Santa Rosa DMV's administrative suspension. If the duration is six or ten months, then this notice is the Mandatory Action "Order of Suspension" notice (first DUI) referring to the Mendocino court conviction-generated suspension.
If this is your second or higher DUI, and if the duration of your suspension on the "Administrative Per Se" notice (second DUI) is one year in a non-refusal case, then your DUI attorney will explain to you that this is referring to the DMV's administrative suspension. If the duration is two years or more in a non-refusal case, then this notice is the Mandatory Action "Order of Suspension" notice (second DUI) referring to the Mendocino court-generated suspension.
The best way to avoid the DMV administrative suspension is to have a local DUI attorney ask for the separate DMV administrative hearing in Santa Rosa within the allowable time, and then win the hearing. The best way to win the hearing is with a Mendocino DUI lawyer at your side who can address the issues which we know are most important to the DMV. These issues are not usually the personal or economic hardship issues which are most important to you, or the way you were treated by Mendocino County law enforcement, but rather, in most cases, what we know wins a case are the precise legal issues surrounding the legality of the law enforcement conduct, and the weight of evidence regarding your sobriety, and the accuracy and adequacy of the police and DMV documents.