Can a revoked license be reinstated? A defense lawyer explains

You cannot get a revoked driver’s license reinstated or restored in California. Instead, you must apply for a new license. This can only be done once the period of revocation is over. Application means you will have to retake driving tests and pay applicable fees.

According to Vehicle Code 13101 VC, revocation means that your driving privileges are terminated for a period of time. The specific period of revocation varies. The time depends on the reason why the DMV revoked the license in the first place.

The DMV can revoke your driving privileges for a variety of reasons. A few examples are:

1. incidents of road rage,
2. a physical or mental disorder,
3. drug or alcohol addiction, or
4. the commission of certain crimes.

You can seek to avoid a revocation by presenting your case at a DMV hearing.

Our California criminal defense attorneys will address the following in this article:

• 1. Why does the DMV revoke a driver’s license?
• 2. How long is a revocation for?
• 3. Can revocation be avoided?
• 4. Can a revoked license be reinstated?
• 5. What’s the difference between license suspension and revocation?

1. Why does the DMV revoke a driver’s license?

The California Department of Motor Vehicles can revoke your driving privileges for many reasons.

Some of the most common reasons include:

1. road rage – 13210 CVC,¹
2. a physical or mental disorder,²
3. lack of skill,³
4. alcohol or drug addiction,⁴ and
5. fraud.⁵

Note that you commit driver’s license fraud when you:

• use false identification or someone else’s identity, and
• do so to secure a California driver’s license.⁶

Incidents of fraud may invite criminal charges for forgery, per Penal Code 470 PC.

The California DMV can also revoke your license because of a crime. Some crimes that result in revocation are:

1. second and subsequent DUI convictions (driving with a BAC of 0.08 or higher),
2. commission of a felony that involves the use of a motor vehicle,
3. reckless driving causing a car accident resulting in bodily injury, per Vehicle Code 23104 VC, and
4. vehicular manslaughter, per Penal Code 192c PC.

2. How long is a revocation for?

The DMV revokes your driver’s license for a period of time. The specific period will depend on the reason for the revocation.

In most cases, the DMV will notify you of:

• the specific term of revocation,
• upon revoking your driver’s license.

In other cases, the DMV can revoke a license for an indeterminate period. The general policy in these cases is for the DMV to:

1. not consider reinstating your driving privileges, and
2. continue this policy for at least one year.

3. Can revocation be avoided?

You can try to challenge a revocation decision.

You do this by requesting an administrative hearing. This request must be made within:

• 10 days of receiving notice of revocation, or
• 14 days from the date of the notice, if the notice was mailed.⁷

DMV administrative hearings are separate from criminal hearings. They differ in three main ways:

1. They are held at the DMV while criminal hearings are held in court,
2. they are held before a hearing officer instead of a judge, and
3. the standards used to consider evidence are less strict than those used in court.⁸

You have certain rights during these hearings. Some of these include the right to:

1. be represented by an attorney,
2. review any evidence of the DMV and cross-examine any witness for the DMV,
3. testify in front of the hearing officer,
4. subpoena witnesses and/or documents, and
5. introduce evidence.⁹

4. Can a revoked license be reinstated?

California does not reinstate a revoked driver’s license. Rather, you must:

1. apply for a brand-new license, and
2. do so once the period of revocation is over.

This means that you must pass:

• a written driving test,
• a vision test, and
• a driving test in the field with a DMV instructor.

You will also be required to do the following to obtain a new license:

• take any required courses (e.g., Alcohol and Drug Education),
• provide the DMV with any required documentation (for example, proof of insurance), and
• pay any applicable reissue, administrative, and court fees.

Note that the conviction of some crimes will result in a permanent license revocation. Some of these crimes include:

• felony assault with a deadly weapon (when a car is used as the weapon), per Penal Code 245a1 PC, and
• DUI murder.

5. What is the difference between license suspension and revocation?

In California, there is a difference between:

• the DMV suspending a license, and
• the DMV revoking your driving privileges.

A suspension is when the DMV:

1. withholds your driving privileges, and
2. does so for a defined period of time (usually from six months to four years).

“Withholds” also means freezes.

Revocation, on the other hand, is the outright termination of your driving privileges.

Termination means driving privileges are gone, or officially expired.

Like with a revocation, you can request a hearing to challenge a suspension.

For additional help…

To discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. We assist clients in Los Angeles and throughout the state of California.

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