A typical San Diego DUI first offense arrest can possibly cause 2 separate, independent and different license suspension actions:

1. A DUI conviction in San Diego court for VC 23152 (a) or (b) [under VC 13352(a)(1) which is for 6 months, but driver can get restricted on day 1 upon DMV’s receipt of proof of enrollment in alcohol program and SR-22 plus payment of DMV reissue fees]; and/or

2. If the driver does not have a San Diego license administrative per se DMV hearing, or attorney contests but does not prevail at the hearing (under VC 13353.2, which is for 4 months, but the first 30 days he or she cannot get a restricted, this is also known as the “hard” suspension. If the driver gets a restricted license after the first 30 days, the remaining 3 months are usually converted to 5 months of restricted.).

Options: Get a restricted license immediately [upon showing proof of insurance (SR22), enrollment in the DUI class and pays the reissue fee to DMV], but would have his or her license suspended again, including a 30 day “hard” suspension, if he or she loses or cancels the San Diego DMV hearing, attorneys remind.

Bottom Line: Only way to avoid all suspensions is to avoid a 23152 (a) or (b) conviction in court (by winning at San Diego DUI trial or pleading to lesser charge) and contesting and prevailing at the DMV license hearing.

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