Driver’s License Suspension After a DUI Arrest in California
Whether your post-arrest chemical test result is .08 percent or you refused to take the breath or blood test, the California Department of Motor Vehicles (DMV) will suspend or revoke your driver’s license. Failing the chemical test carries a four-month license suspension, while a first offense for refusing a test is punishable by a one-year suspension period.
If you fail your test, the arresting officer will confiscate your license and issue you an Order of Suspension and Temporary License, which allows you to drive for 30 days. After those 30 days, the four-month suspension period will take effect.
Although you can request a DMV hearing within 10 days to contest the suspension, you can also obtain a “restricted license” to continue driving throughout the four-month suspension period. On the other hand, if you refused the post-arrest chemical test, you are not eligible for a restricted license.
There are two restricted license options after a DUI arrest in California: ignition interlock device (IID) installation or employment/treatment program enrollment.
Ignition Interlock Device Installation
You may apply for a restricted license right away by installing an IID in your vehicle(s). This type of restricted license allows you to drive anywhere at any time for up to four months.
The following are the requirements you must meet to apply for an IID restricted license:
Visit or schedule an appointment with the DMV
Provide proof of IID installation (DL 920)
Provide proof of insurance (SR 22)
Provide proof of DUI program enrollment
Pay a $125 APS fee
After serving the suspension period, you could reinstate your driver’s license without any restrictions.
Employment/Treatment Program
In contrast, this type of restricted license allows you to drive to and from your workplace or during employment, as well as to and from your DUI program. This license lasts for five months. However, you must first serve 30 days of your four-month suspension before applying.
The following are the requirements you must meet to apply for this restricted license:
Visit or schedule an appointment with the DMV
Provide proof of insurance (SR 22)
Provide proof of DUI program enrollment
Pay a $125 APS fee
After serving the suspension period, you could reinstate your driver’s license without any restrictions.
What If I’m Convicted of DUI?
If you are convicted of a DUI in California, the DMV will suspend your license for either six or ten months. If the court did not order you to install an IID, you are eligible for two restricted license options: IID installation or employment/treatment program enrollment.
IID installation allows you to maintain a restricted license until you meet all reinstatement requirements, while employment/treatment program enrollment allows you to drive for 12 months and until you meet such requirements.
If you have been arrested for a DUI in Fresno, call The Law Office of Brian C. Andritch at (559) 484-2112 or complete our online contact form today to schedule a free initial consultation. Let a former prosecutor protect your rights, reputation, and freedom!
