How to get your license back after a DUI in California

Following a DUI conviction in California, you can get your license back after serving out the suspension and then reinstating your license with the DMV. Reinstatement will require three things:

1. completing DUI school,
2. filing proof of financial responsibility with the DMV (Form SR-22), and
3. paying the DMV a license reissue fee.¹

Initiating reinstatement is not the same thing as challenging a license suspension. Reinstatement comes after you have completed your period of license suspension (and jail time if applicable) and allows you to receive a valid California driver’s license once again.

Challenging a suspension means that you request an APS hearing with the DMV to dispute the agency’s decision to suspend your driving privileges because of the DUI.²

Note that the total length that your driver’s license will be suspended for depends on:

• the particular facts of the case,
• the number of prior DUIs on your record, and
• the specific crime charged (for example, DUI vs. DUI causing injury).³

How can I reinstate my license after a California DUI?

There are several steps that you must take to reinstate your driver’s license following a DUI conviction. These include:

1. successfully completing the full period of license suspension,
2. completing DUI school (which could range from 90 days to 18 months),
3. filing proof of financial responsibility with the DMV, and
4. paying the DMV a license reissue fee (which typically ranges from $100 to $150).⁴

As to proof of financial responsibility, you typically perform this task by filing a Form SR-22 with the DMV. This is a form that your insurance company sends to the DMV after you inform it of the DUI. The action may result in the insurer increasing your insurance rates.

Is reinstatement the same thing as challenging a Notice of Suspension?

Reinstatement is not the same thing as challenging a Notice of Suspension.

Following a DUI arrest, the arresting officer provides you with a “Notice of Suspension.” This is a document that notifies you that:

1. the DMV will initiate the process of suspending your driving privileges, and
2. it will do so because of the DUI charge.⁵

You do have the right to challenge this suspension by requesting a DMV administrative hearing. You must make this request within ten days from the date of the arrest.⁶

If a DMV hearing takes place, the meeting is conducted at a DMV office and is run by a hearing officer. This officer is a DMV employee who typically has no legal background.⁷

At a DMV hearing, the Department can go ahead and suspend your license if it proves that:

• the DUI stop and the arrest for the crime were legal, and
• you operated your car with a BAC of .08% or greater, or
• you refused a blood or breath test.⁸

Unlike at a trial for a DUI, the Department does not have to prove these issues beyond a reasonable doubt. The standard of proof at these hearings is a lesser standard known as a preponderance of the evidence. The DMV satisfies this standard if it shows that the above issues are more likely than not to be true.⁹

Is a DMV suspension the same thing as a court suspension?

A DMV suspension is a separate matter from a court suspension for a DUI.

The DMV can suspend your driver’s license following a DUI arrest. In addition, a court can order that your license be suspended following a conviction for DUI. The two types of suspensions involve separate proceedings from one another.

A court suspension can only occur, though, if:

• you plead guilty to your DUI charge, or
• you are found guilty of the crime at your DUI trial.¹⁰

How long is a DUI license suspension?

How long it takes before your license can be reinstated will depend on:

1. the particular facts of the case,
2. the number of prior DUIs on your record, and
3. the specific crime charged.

For example, a suspension will be for a period of:

• six months for your first DUI offense,
• one year for a second offense,
• two years for a third offense (if you choose not to get an ignition interlock device (IID), the license suspension period will be 3 years),
• six months for a conviction of misdemeanor DUI causing injury, and
• up to five years for a felony DUI conviction.¹¹

Additional Resources

If your license was suspended due to a DUI, refer to the following California DMV articles:

• Driving Under the Influence: Age 21 and Older – Overview of how getting arrested for DUI affects your driving privileges.
• Driving Under the Influence (DUI) – Frequently-asked-questions and answers about the DMV consequences of a DUI case.
• Ignition Interlock Device List – Approved Manufacturers & BAIIDS (Breath Alcohol Ignition Interlock Devices) in California.
• Driver Safety Offices – For drivers seeking administrative hearings or drivers scheduled for departmental re-examinations.
• Licensing Fees – Costs for reinstating your license following a DUI.

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Legal References