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Introduction to Mandatory Action Suspensions

Many drivers are unaware that a California DUI / DWI arrest actually generates two cases – in court, and at the Department of Motor Vehicles. Although the California DMV has the sole power to suspend or revoke driver’s licenses, both cases can result in the loss of a license. The license can be suspended if the driver loses the DMV hearing or is convicted in criminal court. A driver’s license suspension is a mandatory action following a California drunk driving conviction.

However, neither a DMV suspension nor a criminal conviction is automatic – it’s possible to win both cases and eliminate the consequences of a California driving under the influence arrest. The skilled DUI / DWI defense lawyers of The Kavinoky Law Firm are experienced in every aspect of drunk driving defense and will fight aggressively for the driver’s rights.

In some cases, a driver must meet certain conditions in order to obtain a restricted license to drive to work or reinstate the license following a suspension. One common requirement is the use of an ignition interlock device – equipment installed on a vehicle that prevents it from starting unless the driver provides an alcohol-free breath sample.

The use of ignition interlock devices in drunk driving cases is becoming more common in California and across the nation. In California, the use of an ignition interlock device was once left to the discretion of the judge in multiple DUI / DWI cases, but recent changes in state law now require their use for any driver convicted of a second or subsequent driving under the influence offense.

A judge may even order an ignition interlock device in a first-offense California drunk driving case. The order is much more likely if the driver had a blood alcohol content (BAC) of .10 percent or greater or refused to take a chemical test of the blood, breath or urine after being arrested for DUI / DWI.

The use of an ignition interlock device can actually benefit the driver when negotiating a possible settlement to a DUI / DWI criminal case. The use of an ignition interlock device helps to reassure the court and the prosecutor that the motorist realizes the seriousness of a driving while intoxicated charge and is committed to not re-offending.