Drivers License Suspensions as a Result of a 1st, 2nd or 3rd DUI

In this article, I will explain the length of drivers license suspensions as a result of a DUI conviction.

Let’s get started…

But first, watch this video overview of license suspensions as a result of a DUI.

Overview

Under the California Vehicle Code, suspension means that a person’s privilege to operate a motor vehicle is temporarily withdrawn.

California implemented the Admin Per Se (APS) program in 1990 and allows a police officer to immediately confiscate your license if you are pulled over for a DUI and you meet any of the following criteria¹

• Your blood alcohol content (BAC) is 0.08% or more while driving a non-commercial vehicle,
•  Your BAC is 0.04% or more while driving a commercial vehicle,
•  Your BAC is 0.01% or more while you are under 21 years old and driving, or
•  You refuse to take the chemical breath or blood test after you are lawfully arrested.²

If you meet any of the above criteria and your license is confiscated the police will issue you a temporary 30-day license.

You will also be advised that you have only 10-days after you receive an Order of Suspension/Revocation from the Department of Motor Vehicles (DMV) to contest in writing the suspension of your license before the DMV.

If you fail to contest your suspension, your license will be automatically suspended after 30-days for a certain period of time. Unless you request an in-person hearing, the hearing will be held by phone with a DMV officer. 

What Is The Length of A DUI Drivers License Suspension?

The length of your suspension depends on whether you refused chemical testing of your breath or blood (or urine in some cases) and if you have a prior DUI conviction within the past 10-years.

If you contest or challenge your suspension, your temporary license will remain in effect until after the hearing.

This is referred to as an Admin Per Se Hearing, which is an administrative proceeding before a DMV officer who will hear testimony and consider other evidence that you or your DUI defense lawyer will offer.

The DMV may or may not present testimony from the arresting officer and any possible expert witnesses to rebut your defenses. You or your attorney can subpoena the arresting officer to testify and can present any other documentary evidence obtained during discovery. 

Important Note

Be aware that the license suspension hearing is distinct from the criminal proceeding for the DUI charges. Your Admin Per Se hearing is usually held after your arraignment for the DUI charge, in most cases, but before your criminal charges have been resolved either by a guilty or no-contest plea or by a verdict rendered by a judge or jury.

This means that your license could still be suspended even if you are found not guilty by a judge or jury or you pled to a non-alcohol related offense unless you were successful at the Admin Per Se hearing. 

With regard to a suspension for a first DUI offense. Regardless of the outcome of your criminal case, you will face a 4-month administrative suspension and a 6-month suspension imposed by the court if your blood alcohol concentration (BAC) was at least 0.08%³.

If you had had your license suspended in the past and were still on probation, then your license will be revoked for 2-years. 

What Is The Suspension If You Are Under 21?

If you are under 21 when you are arrested for a DUI and your BAC was 0.01% or more, your license will be suspended for one year.

What If You Refuse A Chemical Test?

If you did not complete or refused to take a breath, blood, or urine test, then your license will be suspended for one year.

What If Someone Was Injured?

If a passenger in your vehicle, other vehicle or pedestrian was injured as a result of driving under the influence the license suspension will be one year.

Can The Court Impose An Additional Suspension?

In addition to the immediate confiscation of your drivers’ license, you may face an additional suspension from the court. 

The court will likely suspend your license for six months and will not reissue it until you have proof of financial responsibility and that you successfully completed your driving under the influence program required by the court.

This APS program has served successfully as a large deterrent for driving under the influence because of the immediate loss of your license that you will face if arrested for a DUI.

How Long Do You Lose Your License for a Second DUI Offense in California?

If a second license suspension is imposed that is within 10-years of your initial suspension, you will lose your license for 2-years from the criminal court, and given a 12-month administrative suspension from the DMV for having a BAC of 0.08% or higher.

The suspension periods are allowed to overlap. 

How Long Do You Lose Your License for a Third DUI Offense in California?

A third license suspension within a 10-year period will result in loss of your driving privileges for 3-years. 

Suspension or Revocation & Getting A Restricted License

When you are arrested for a DUI, the arresting officer will give you an Order of Suspension or Revocation when they confiscated your license at the scene. If the officer did not provide you with an Order of Suspension or Revocation upon arrest, the DMV will mail you one. 

The order will include a temporary drivers’ license. This temporary license is valid for 30 days from the issue date. The license suspension or revocation period will begin at the end of the 30 days.  It is at that time that you are permitted to apply for a restricted license at any DMV office.

What Is A Restricted License for a DUI?

A restricted license is one that allows you to drive to and from work, school, or to attend DUI classes, or to drive yourself or a dependent for necessary or critical medical care, after your license has been totally suspended for a certain time.

Under no circumstances will you be eligible for a restricted license if you refused a test of your breath or blood.

What Is The Process For Obtaining A Restricted License?

The process for obtaining a restricted license following first, second, and third DUI convictions or suspensions are as follows:

For a first DUI you have to meet certain conditions before applying for and obtaining a restricted license.

You will have to be enrolled in a DUI class or any other program imposed by the court; obtain an SR-22, which is proof of financial responsibility from your auto insurer; and pay a $125 reissuance fee. Your 30-day temporary license must have expired before you can apply.

Further, if your BAC was at least 0.17%, you will be required to install an ignition interlock system on your auto as a condition of having being granted a restricted license. 

Second DUI

For a second DUI offense within 10-years, you may apply for a restricted license after 90-days, provided you are enrolled in a DUI class or other court-imposed programs, obtained an SR-22, paid the $125 fee, and installed an ignition interlock system. Your driving privileges are restricted for 12-months.

If you refused chemical testing, you are not eligible for a restricted license or regular license for 2-years. 

Third DUI

You can apply for a restricted license for a third DUI offense, but only after completing 12-months of an alcohol treatment program.

You will have to present an SR-22, pay the $125 fee, and have installed an ignition interlock system before the DMV will issue you the restricted license.

What Is An SR-22?

SR-22 insurance is a type of insurance that allows you, after conviction of a DUI, to get your license reinstated after the period of suspension ends or a restricted license if permitted. 

An SR-22 is a document that shows proof of financial responsibility and the insurer files in with your state’s DMV.  You must carry this insurance with you until your probation period ends and at that time the SR-22 insurance will expire.

After you receive your Order of Suspension or Revocation, you have 10 days to schedule a DMV hearing to contest the Order.

What Is The Timing Of The Suspension?

The timing of the suspension can be a little confusing.  If you receive an Order of Suspension or Revocation upon your arrest for a DUI, the suspension starts 30 days from that date.  This means that you can continue to drive for 30 days on your temporary license that should be issued with the suspension notice.

However, if for some reason the officer does not issue you an order of suspension or revocation upon arrest, the DMV will mail you one. 

If this happens, remember that your license suspension begins 30 days from the date of issue, which is not necessarily the same date that you receive it in the mail.

How Do I Get My License Back After a DUI?

Before you can get your license back after a DUI conviction or DMV license suspension, you must allow a certain time to pass. As indicated above, for a first DUI you must wait 30-days for your temporary license to expire before you can apply for a restricted license.

You can generally get your full license privileges back earlier once you complete DUI school or after 4-6 months has passed for a first DUI, or 12-months for a second and increasingly longer for a third and fourth.

You will have to present an SR-22, or certificate of financial responsibility, that most auto insurers can provide.

If not, the DMV has a list of companies where you can obtain it. For a first DUI where your BAC was at least 0.07%, and for all subsequent DUI convictions, you are required to install in any vehicle you own an ignition interlock system to be kept for a certain time, usually for at least one year.

There is a reissuance fee of $125 that must be paid and you must present proof of at least enrollment in,  if not completion of, a DUI class or other court-imposed program. 

FAQ

1. See: California Administrative Per Se Facts. [↩]
2. California Vehicle Code Section 13353.2 [↩]
3. California Vehicle Code 13352. [↩]