Hard vs. Soft Suspension of a Driver’s License

In California, a driver’s license suspension can be one of the most challenging consequences following a DUI (Driving Under the Influence) or other serious traffic offenses. The California Department of Motor Vehicles (DMV) administers these suspensions, which can be classified as either “hard” or “soft.” Understanding the differences between these two types of suspensions, the implications for drivers, and the process involved in each case is critical for anyone facing the loss of their driving privileges.

What is a Hard Suspension?

A “hard suspension” refers to a period during which a driver is not allowed to drive under any circumstances. This type of suspension is typically imposed for serious offenses or violations of the law, such as a DUI, and is non-negotiable. During a hard suspension, the driver cannot apply for a restricted or hardship license, meaning there are no exceptions or allowances to drive for work, school, or other essential activities.

Key Characteristics of a Hard Suspension:

Complete Loss of Driving Privileges: The driver is prohibited from operating any motor vehicle during the suspension period.
No Restricted License: The driver cannot request a restricted license to drive under limited conditions, such as for employment or medical appointments.
Duration: The length of a hard suspension varies depending on the offense. For example, a first-time DUI conviction may result in a 4-month hard suspension, whereas subsequent offenses or a refusal to take a chemical test can lead to a 1-year hard suspension .
Immediate Impact: A hard suspension typically begins immediately after the administrative or court-ordered suspension is imposed.

Example of When a Hard Suspension Might Apply:

DUI with Refusal to Take a Chemical Test: Under California’s “implied consent” law (California Vehicle Code Section 23612), drivers are required to submit to chemical testing if lawfully arrested for a DUI. Refusing this test results in an automatic hard suspension of 1 year for the first offense, with no opportunity for a restricted license during this period .

What is a Soft Suspension?

A “soft suspension,” on the other hand, allows for some limited driving privileges under certain conditions. While the driver’s license is technically suspended, they may apply for a restricted license, which permits them to drive under specific circumstances, such as commuting to work or school, attending court-ordered programs, or fulfilling family responsibilities.

Key Characteristics of a Soft Suspension:

Limited Driving Privileges: A driver may be eligible to apply for a restricted license that allows them to drive under specific conditions.
Application for a Restricted License: The driver must typically meet certain requirements, such as enrolling in a DUI program, paying a reissue fee, and filing an SR-22 insurance form, to obtain a restricted license .
Duration: The soft suspension often lasts for a portion of the overall suspension period. For instance, after a 30-day hard suspension, a driver might be eligible for a 5-month soft suspension with restricted driving privileges.
Potential for Early Reinstatement: Under certain circumstances, drivers may have the opportunity to have their full driving privileges reinstated earlier if they complete all necessary steps.

Example of When a Soft Suspension Might Apply:

First-Time DUI Offender: For a first-time DUI offender with a blood alcohol content (BAC) of 0.08% or higher, the DMV may impose a 4-month suspension. After 30 days of a hard suspension, the driver may be eligible to apply for a restricted license that allows them to drive to and from work, school, and DUI programs .

How to Transition from a Hard Suspension to a Soft Suspension

In some cases, a hard suspension can transition into a soft suspension after a set period, provided the driver meets specific requirements. This process often involves several steps, including:

Completion of a DUI Program: The driver must enroll in and begin attending a state-approved DUI program. The length of the program depends on the severity of the offense and whether it is a first-time or repeat offense .
Payment of Fees: The driver must pay all necessary fees, including the reissue fee, before they can apply for a restricted license.
Filing an SR-22 Insurance Certificate: This certificate, which proves that the driver has the required liability insurance, must be filed with the DMV. The SR-22 must be maintained for three years following the DUI conviction .
Application for a Restricted License: Once the driver has met all the requirements, they can apply for a restricted license that allows them to drive under specific conditions.

Legal and Practical Implications of Hard vs. Soft Suspensions

The type of suspension a driver faces has significant legal and practical implications:

Impact on Employment: A hard suspension can severely impact a person’s ability to maintain employment, particularly if their job requires driving. In contrast, a soft suspension may allow for limited driving to and from work, reducing the financial impact.
Insurance Consequences: Both types of suspensions will likely lead to an increase in insurance premiums. However, maintaining an SR-22 may help mitigate some of the long-term impacts on insurance costs.
Legal Recourse: In certain cases, it may be possible to challenge the suspension through an administrative hearing with the DMV or in court. Having legal representation can be crucial in navigating this process and potentially reducing the severity of the suspension .

Conclusion

Understanding the difference between a hard and soft suspension of a driver’s license in California is critical for anyone facing DUI charges or other serious traffic violations. While a hard suspension results in a complete loss of driving privileges, a soft suspension allows for some limited driving under specific conditions. Navigating the complexities of these suspensions requires a thorough understanding of California’s DUI laws, as well as proactive steps to meet the requirements for obtaining a restricted license if eligible. Consulting with an experienced DUI attorney can provide valuable guidance and help ensure that your rights are protected throughout the process.

Citations:

California Vehicle Code Section 23612 – Implied Consent Law
California DMV – DUI & Administrative Per Se
California DMV – SR-22 Insurance Requirements
California Vehicle Code Section 13353 – Chemical Test Refusal
California DUI Process – Transitioning from Hard to Soft Suspension
California DUI & DMV Suspension FAQs