Driving Under the Influence (DUI), Wet Reckless, and Drivers License Suspensions

The laws regarding drivers license suspensions caused by DUI are extremely confusing. An arrest from driving under the influence of alcohol may trigger two separate license suspensions. The first suspension is an administrative per se suspension (APS) that is triggered by any DUI arrest involving a blood alcohol level of .08% or greater. The length of the APS suspension varies depending on if the driver has prior DUIs and is a minimum of 4 months. The second type of DUI suspension occurs after there is a conviction for DUI in court. This is the Mandatory Action suspension governed by the DMV’s Mandatory Actions Unit. (APS suspensions are overseen by the DMV’s Driver Safety Unit.) The mandatory action suspension also varies based on DUI priors and is a minimum of 6 months.

A wet reckless (reckless driving with alcohol involved) under California Vehicle Code section 23103.5 is a reduced DUI in a way and carries less harsh penalties. For example, a wet reckless conviction does not trigger a mandatory actions suspension. However, a wet reckless may still trigger an APS suspension if the DMV has evidence that the blood alcohol level was .08% at the time of driving. In a wet reckless case there is also the chance of getting a court finding of “not guilty” as to driving with a blood alcohol level of .08% or greater (VC 23152(b)). Such a finding is commonly referred to as a Helmandollar named after a case that set the precedent for such findings. This not guilty finding by the court can be sent to DMV and will end the suspension or proposed suspension of the license.

Both APS and Mandatory Action suspensions stemming from DUIs can be shortened by obtaining a restricted drivers license. The laws regarding restricted licenses are perhaps even more complicated than those regarding suspensions.

The bottom line is that if you are arrested for a DUI, you should contact Sacramento DUI attorney Jonathan Turner. Jonathan Turner has 16 years of experience handling DUIs in the Sacramento region. Sacramento Felony and Misdemeanor Lawyer Jonathan Turner can help you navigate the complicated laws surrounding DUIs so that you may avoid an unnecessarily long license suspension. Sacramento Criminal Defense Lawyer Jonathan Turner may even help you avoid a drivers license suspension all together. Call Sacramento Drivers License Lawyer Jonathan Turner now for a free consultation.