Mary-Margaret Bierbaum, Attorney at Law
CERTIFIED SPECIALIST IN CRIMINAL DEFENSE

Criminal Info

DMV Administrative Penalties

1st DUI Offense

  • 4 months loss of license.
  • 10 months loss of license if it is an “enhanced” case (where the BAC is 0.20 or higher), or it is a “refusal” to take the chemical test case.
  • Or 30 days loss of license, 5 months of restricted license with DUI school.
  • SR-22 (insurance) filing.
  • Ignition Interlock device installation in a vehicle in Santa Cruz County may be required at the Court's discretion (though not DMV's) and in some counties it is mandatory, especially if there are aggravating factors such as: Where the BAC is over 0.15; There are also two or more recent moving violations; or There was a refusal to take the chemical test. You may not drive any vehicle without the ignition interlock device.

2nd Offense

  • 2 years loss of license, though if only alcohol was involved, a restricted license can be obtained after 90 days of suspension, otherwise if drugs were involved a restricted license is available only after 1 year of suspension, and in both cases an ignition interlock device is installed on your vehicle and proof of enrollment in a driving under the influence program is submitted along with SR-22
  • You may not drive any vehicle without the ignition interlock device.

3rd Offense

  • 3 years loss of license though if only alcohol was involved, a restricted license can be obtained after 6 months of suspension, otherwise if drugs were involved a restricted license is available only after 1 year of suspension,and in both cases an ignition interlock device is installed on your vehicle and proof of enrollment in a certain driving under the influence program is submitted along with SR-22
  • You may not drive any vehicle without the ignition interlock device.

4th offense (FELONY)

  • 4 years loss of license.
  • Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device. SR-22

Underage DUI

  • .01% BAC (zero tolerance):
  • 1st to 3rd offense from 1 to 3 years loss of license.
  • Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

Adult and Underage BAC Refusal

  • 1st offense: 1 year loss of license.
  • 2nd offense: 2 years loss of license.
  • 3rd offense: 3 years loss of license.
  • 4th offense: 4 years loss of license.

Commercial Driver's License

  • Driving a commercial vehicle with a BAC of .04% or higher is prohibited as is refusing to take the test. Not eligible for a restricted license.
  • A commercial driver should not have any amount of alcohol in system within 24 hours.
  • 1st offense: 1 year disqualification of license.
  • 3 years loss of license for hauling hazardous material.
  • Lifetime disqualification for subsequent violations in a commercial vehicle.
Click here to download the full Commercial Motor Vehicle Offenses Chart

Points On Your Driving Record

  • Each traffic violation stays on your record for 36 months or longer, depending on the type of violation.
  • 2 point violations:
    • Driving under the influence of alcohol/drugs.
    • Driving while license is suspended or revoked.
    • A violation received in a commercial vehicle carries 1 1/2 times the points normally calculated.

Important things to do

Please note that you must contact the DMV within 10 days of your arrest and request 3 things:

  1. An "In-Person Admin Per Se Hearing" (use this form) and;
  2. A "Stay" on the automatic suspension of your driver license.
  3. Complete and correct copies of all “Discovery

Failure to make these requests within 10 days will result in your driver's license being automatically suspended for at least 6 months.

The pink temporary license that the officer gave you should explain the above and have the appropriate DMV contact phone numbers.


Disclaimer

This web page is not intended to provide legal advice. Please be aware that statutes and the courts' interpretation of them change over time.

An attorney-client relationship cannot be established with Mary-Margaret Bierbaum simply by reading this website; that can be done only by contacting Ms. Bierbaum and by mutually agreeing on such a relationship. You may use email to contact Ms. Bierbaum or her assistants, but do not email any confidential material or information before an attorney-client relationship has been established.


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