A DUI charge in California carries serious consequences, and one of the most immediate is the suspension of your driver’s license. Losing the ability to drive can impact every part of your daily life, from commuting to work to caring for your family. What many people don’t realize is that California can impose two separate license suspensions after a DUI arrest: one through the Department of Motor Vehicles (DMV) and one through the criminal court if you are later convicted. Understanding the difference between these suspensions, and what steps to take to reinstate your license, is critical. If you have been arrested for a DUI in California, reach out to a DUI defense attorney to guide you through the reinstatement process, help protect your rights, and work to reduce the penalties you face.
An Overview About California DMV Administrative License Suspension
The first license suspension comes directly from the DMV. When someone is arrested for DUI, the officer will usually confiscate their license and issue a Notice of Suspension. This administrative action is independent of any court penalties.
The DMV will automatically suspend your license if:
- You took a chemical test, and your BAC was 0.08% or higher.
- You refused a chemical test.
For most first-time DUI arrests, the automatic DMV suspension lasts four months. However, this can be longer for repeat DUI offenses or test refusals.
Importantly, you have the right to request a DMV hearing within 10 days of your arrest to challenge the suspension. If you do not request the hearing, the suspension automatically goes into effect.
Court-Ordered Licensed Suspension After a DUI Conviction
The second type of license suspension comes from the criminal court if you are convicted of a DUI under California Vehicle Code 23152. A court-ordered suspension is separate from the DMV’s action and carries its own penalties.
For a first DUI conviction, the suspension period is typically six months. Repeat offenses within ten years carry even harsher penalties, including suspensions of one year or longer, in addition to fines, probation, mandatory DUI classes, and in some cases, jail time.
Unlike the DMV’s administrative suspension, which is automatic after an arrest, the court suspension only applies if you are convicted. That means even if you successfully contest your case in court, you will still have to deal with the DMV suspension and vice-versa.
How to Reinstate a Suspended License
To regain your driving privileges after either suspension, you must complete specific steps. Generally, reinstatement requires:
- Serving the full suspension period (unless you qualify for a restricted license earlier).
- Paying a reinstatement fee to the DMV.
- Providing proof of financial responsibility (SR-22 insurance), which you must maintain for at least three years.
- Completing a DUI program approved by the court or DMV.
- Meeting any additional court requirements, such as community service or probation terms.
Some drivers may be eligible for a restricted license, which allows limited driving to work, school, or DUI classes. This option is often available after 30 days of suspension, provided you enroll in a DUI program and file an SR-22 form.
Having Legal Representation Matters
In California, the DMV and court processes are separate, so navigating both at the same time can be confusing. A skilled DUI attorney can request and represent you at the DMV hearing, help you minimize suspension time, and guide you through the reinstatement process. To get your license reinstated, you’ll need to serve your suspension, meet all requirements, and file the right paperwork. While the process may seem daunting, taking the right steps early and seeking legal guidance can make a significant difference in restoring your driving privileges.
Contact The Law Office of Nicolai Cocis for Experienced DUI Defense Representation
If your license has been suspended due to a DUI in California, the process of reinstatement can be complex and overwhelming. Between navigating DMV requirements, fulfilling court obligations, and meeting strict deadlines, even a small mistake can delay your ability to drive again. A skilled DUI defense attorney can help protect your rights, guide you through the reinstatement process, and work to reduce the penalties you face. At The Law Office of Nicolai Cocsi, we have been defending clients in Riverside County against DUI charges for more than 25 years, including cases involving license suspension and revocation. Don’t face this challenge alone! Contact the Law Office of Nicolai Cocsi today to discuss your case and take the first step toward getting back on the road.
