Los Angeles DUI Attorney Explains: DUI License Revocation in Los Angeles
In California, a driver’s license can be lost in one of three ways: cancellation, suspension, or revocation. While there are several reasons a license may be revoked, DUI-related revocation is a consequence of certain DUI arrests, particularly in Los Angeles. However, not every DUI arrest leads to revocation, as many cases result in a suspension instead. A DUI-related license suspension allows the driver to regain their license after a specified period, whereas a revocation requires the individual to reapply for a new driver’s license after the revocation period ends. Contact Los Angeles Driver’s License Attorney for immediate help.
A DUI license revocation is imposed for a minimum of 2 years.
One of the most severe consequences for a driver’s license is refusing to submit to a chemical test or a preliminary alcohol screening test while on Los Angeles DUI probation. Refusing a chemical test after a second DUI arrest within ten years can result in a two-year license revocation. If a driver refuses a chemical test after a third or subsequent Los Angeles DUI arrest within ten years, they will face a three-year license revocation. Additionally, refusing a chemical test while on Los Angeles DUI probation can lead to a two-year revocation, even if the driver has only one prior DUI within the past ten years. If the driver has more than two DUI convictions or APS findings within the past ten years, the revocation period increases to three years. Los Angeles DUI Attorney can help you keep your license.
For the purpose of calculating prior offenses, the ten-year period is measured from offense date to offense date. In other words, even if a Los Angeles DUI conviction falls outside the ten-year period, it will still be considered a prior offense if the offense date occurred within that timeframe. As a result, it can increase the length of the suspension or revocation of your driving privilege.
A DUI license revocation is different from a driver’s license cancellation because, with a cancellation, the driver can apply for a license right away.
Losing a driver’s license can be a significant consequence of a DUI charge in California. However, not every DUI results in a revocation—some only lead to a suspension. Understanding the difference between these penalties and the legal options available can help protect your driving privileges. In this blog, we’ll break down the key aspects of DUI license revocation in Los Angeles, including the impact of refusing a chemical test, the calculation of prior offenses, and how an experienced Los Angeles DUI attorney can assist you.
How Can You Lose Your Driver’s License in California?
In California, a driver’s license can be lost in three ways:
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Cancellation – This occurs when the DMV determines that a license was issued in error or obtained fraudulently.
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Suspension – A temporary withdrawal of driving privileges for a specific period.
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Revocation – A more severe consequence where the license is terminated, requiring the driver to reapply for a new license after the revocation period.
DUI-related revocations occur under specific circumstances, and understanding when and how they apply is crucial for anyone facing a DUI charge.
DUI License Revocation vs. Suspension
Many DUI arrests in Los Angeles result in a license suspension, meaning the driver can regain their license after a set period. However, in some cases, a DUI leads to a license revocation, which requires the driver to reapply for a new license once the revocation period ends.
The key difference is that a suspension is temporary, whereas a revocation means the license is terminated, and reinstatement is not automatic. If your license is revoked, you must go through the application process again, which may include proving your fitness to drive through hearings, courses, and other requirements set by the DMV.
Refusal to Submit to a Chemical Test: Severe Consequences
One of the harshest penalties for a driver’s license is the refusal to submit to a chemical test or a preliminary alcohol screening test while on DUI probation. The penalties vary based on prior DUI offenses within the last ten years:
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Second DUI Arrest Refusal: Results in a two-year license revocation.
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Third or Subsequent DUI Arrest Refusal: Leads to a three-year license revocation.
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Refusal While on DUI Probation: Results in a two-year revocation for one prior DUI within ten years and a three-year revocation for more than two prior DUI offenses within ten years.
Refusing a chemical test triggers an automatic license revocation, making it essential to consult with a skilled DUI attorney who understands DMV procedures and can fight to restore your driving privileges.
How Prior DUI Offenses Are Calculated
For purposes of calculating prior DUI offenses, California law follows a ten-year lookback period, counted from offense date to offense date. This means:
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Even if a DUI conviction falls outside the ten-year window, it will still be considered a prior offense if the offense date occurred within the ten-year period.
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A prior DUI within this timeframe increases the severity of penalties, including the length of license suspension or revocation.
Understanding how prior offenses are calculated is crucial when assessing the potential impact of a new DUI charge.
California Vehicle Code §14250: Probation as an Alternative to Revocation
Under California Vehicle Code §14250, the DMV in some situations has discretionary authority to place a driver on probation instead of suspending or revoking their license. This means that in certain cases, rather than imposing a full revocation or suspension, the DMV may:
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Issue a probationary license with specific terms and conditions.
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Include a license suspension as a condition of probation.
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Impose restrictions deemed appropriate based on the circumstances.
This provision offers an alternative route for some drivers facing revocation, allowing them to retain limited driving privileges under strict conditions. An experienced Los Angeles DUI defense attorney and Los Angeles Driver’s License Attorney can help argue for probationary terms instead of full suspension or revocation, giving drivers a better chance of maintaining their ability to drive.
Fighting a License Revocation with a DUI Attorney
If you are facing a DUI-related license revocation in Los Angeles, working with an experienced DUI attorney can make a significant difference. Here’s how a lawyer can help:
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Challenge the Revocation: The DMV typically orders a revocation after being notified of a DUI conviction. However, legal representation can help dispute the basis of the revocation.
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DMV Refusal Hearings: If a revocation results from a test refusal, an attorney can fight the revocation at a DMV hearing by arguing that the refusal was not knowingly made.
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Protect Your Driving Privileges: A knowledgeable DUI attorney understands DMV laws and can present strong arguments to help you retain or restore your license.
Contact a Los Angeles DUI Attorney Today
A DUI arrest and potential license revocation can have lasting consequences, but legal options are available. Our Los Angeles DUI attorneys specialize in fighting DUI-related license revocations and suspensions while protecting your driving privileges.
Call us anytime at (818) 921-7744 for a free consultation.
We provide expert legal representation at an affordable price and are dedicated to helping clients navigate the complexities of DUI defense and DMV regulations.
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