Can I cancel an administrative license suspension?
Yes, you can cancel an administrative license suspension (ALS) in California. The California Department of Motor Vehicles (DMV) issues an ALS when a driver is arrested for driving under the influence (DUI). The ALS takes effect 30 days after the driver is arrested for DUI and the specific penalties for an ALS depend on the driver’s record and if he or she had a prior DUI offense conviction. An ALS requires a driver to surrender their license at the police station or the DMV. A driver can request a hearing to challenge the ALS if the ALS was issued because the driver refused to submit to a chemical test. To challenge the suspension, the driver needs to contact the DMV Office of Administrative Hearings within 10 days of the notice of suspension. If the hearing is held, the hearing officer will decide if the ALS should be canceled or remain in effect. If the ALS is not canceled and the driver contested it, the ALS is suspended pending the decision of the DMV. The driver can then return to the DMV to apply for a restricted license. With a restricted license, the driver can only drive to alcohol or drug treatment program, to and from work, or other necessary places. Depending on the driver’s record, the DMV might impose other restrictions. Overall, a driver can cancel an administrative license suspension in California by requesting a hearing and challenging the suspension. The decision whether to cancel the ALS is ultimately up to the DMV officer; however, the driver can still apply for a restricted license to be able to drive even if the ALS is not canceled.
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