How to Get Your License Back After a DUI in California

Getting arrested for driving under the influence is a serious matter that can have lasting impacts on your life, especially when it comes to your driving privileges. In California, the Department of Motor Vehicles (DMV) follows strict procedures outlined in the state’s “Admin Per Se” (APS) law.

Here’s how it works: if you’re lawfully arrested for DUI, the arresting officer is required to confiscate your driver’s license and issue you a Notice of Suspension. This document informs you that the DMV has initiated proceedings to suspend or revoke your driving privileges based on the DUI arrest alone.

The reason? Simply being arrested is enough for the DMV to take action against your license if you:

• Took a chemical test (blood or breath) that showed a blood alcohol concentration (BAC) of 0.08% or higher while operating a non-commercial vehicle
• Refused to take or failed to complete a chemical test

It’s important to note that this DMV suspension process is completely separate from any criminal charges or court-ordered suspension you may face if convicted of DUI.

You do, however, have the option to request a DMV hearing within 10 days of receiving the Notice of Suspension. At this administrative hearing, the DMV must prove certain facts, like whether you were lawfully arrested and operating with a prohibited BAC. Be aware that this civil proceeding uses a lower “preponderance of the evidence” standard compared to the higher “beyond a reasonable doubt” bar in criminal court.

6 Steps to Reinstate Your California Driver’s License Following a DUI

1. Serve the Required License Suspension Period

The length of time your driver’s license may be suspended depends on several factors related to your specific DUI case, such as:

• Your blood alcohol level
• Whether anyone was injured
• If you have any prior DUI convictions

Common suspension periods include:

• 6 months for a first-time DUI offense with no aggravating factors
• 1 year for a second DUI offense
• 1-3 years for a third or subsequent offense (unless you install an ignition interlock device)
• 1 year suspension if your DUI involved injury

During this suspension period, you are prohibited from operating any motor vehicle. Some limited exceptions may apply if you qualify for a restricted license, but the core requirement is not driving at all until your full suspension term is complete.

2. Enroll in and Complete a California DUI Program

As part of your DUI sentencing or DMV reinstatement requirements, you’ll likely need to enroll in a court-approved or DMV “First Offender” alcohol education program. For most first offenses, this “DUI school” involves a:

• 3-month program if your BAC was under 0.20%
• 9-month program if your BAC exceeded 0.20%

Successfully completing this program demonstrates that you’re making progress and is a mandatory step before you can reinstate your driving privileges. Many programs even offer online class options now for added flexibility and convenience.

3. File Proof of Financial Responsibility with the DMV

After a DUI, California requires you to file and maintain proof that you are financially covered in case of any future vehicle incidents. This is done by obtaining an SR-22 certificate of insurance, often called “DUI insurance.”

Your auto insurance provider can issue this high-risk SR-22 form directly to the DMV, verifying you have at least the state’s minimum liability coverage. In most cases, the DMV mandates you maintain an SR-22 certification for 3 years following a DUI conviction.

4. Pay the Required DMV License Reissue Fee

To officially lift your license suspension, you’ll need to pay a reissue fee to the California DMV. Currently, these fees are:

• $125 reissue fee if suspended under the Admin Per Se law
• $55 reissue fee for a court-ordered post-conviction suspension

Additional restriction fees may also apply if you had a restricted license during your suspension period. Once paid, the reissue fee is valid for one year to obtain your reinstated license.

5. Undergo DMV Reexamination if Ordered

Depending on your specific DUI case details, the DMV or court may order you to complete written, vision, or behind-the-wheel driving tests before fully reinstating your license. The purpose is simply to re-establish your overall driving knowledge, skills, and abilities.

If any exams are required, be sure to study the latest California Driver Handbook. A DUI conviction raises doubts about your capacity to safely operate vehicles, so you’ll want to prepare diligently.

6. Satisfy Any Other Court-Ordered Requirements

Beyond the DMV license suspension process, you may face additional penalties from the court if convicted of DUI. Common examples include:

• Jail or prison time depending on the severity of the offense
• Substantial fines and fees
• Ignition interlock device installation
• Probation terms and conditions

While getting your driver’s license back after a DUI requires clearing several hurdles, meeting each requirement is critical to lawfully regaining your driving privileges and avoiding any additional penalties. Working with your attorney to strategically time your suspensions can be advantageous as well.

At The Nieves Law Firm, our California DUI defense attorneys guide clients through the administrative DMV process while combating our client’s criminal DUI case, ensuring all bases are covered. If you’re feeling overwhelmed, we encourage you to reach out for a confidential case review so we can discuss the most efficient path to getting back on the road legally.