How to Get Your License Back After a DUI in California

In California, Driving Under the Influence (DUI) is a serious traffic offense in which an offender operates a vehicle while under the influence of intoxicating substances. California DUI laws empower the courts to impose severe penalties, such as fines, imprisonment, and revocation of driving privileges. The California Department of Motor Vehicles (DMV) may also suspend the offending driver's license for the duration of the court-imposed penalty.

Step 1: Know the Terms of Your Suspension

Drivers convicted of a DUI may lose their driving privileges and license for a set period. The suspension timeframe may differ based on the driver's vehicle type, age, and number of previous DUI convictions.

Step 2: Fulfill Court and DMV Requirements

In California, DUI offenders are generally required to appear before the court and the state's DMV. These entities are responsible for issuing conditions or requirements for DUI offenses. On one hand, the court may conduct hearings for DUI offenses and impose license suspension, fines, and imprisonment as penalties.

On the other hand, the DMV is not concerned with whether the court finds the driver guilty or not. The agency typically only conducts hearings regarding the driver's driving privilege and the arrest circumstances.

Note: DMV suspensions are not the same as court suspensions. However, court-imposed penalties tend to take precedence over those from the DMV. This is why a not-guilty verdict from the court may sometimes lead to an automatic revocation of the DMV's license suspension.

Step 3: Complete a DUI Education or Treatment Program

In California, DUI offenders must attend a compulsory DUI education or treatment program. The court will impose these programs as part of the penalties for DUI-related offenses.

Generally, the duration and type of DUI program largely depend on the driver's location, number of previous convictions, and the circumstances surrounding the DUI incident. For example, first-time offenders may need to complete a 30-hour, 3-month alcohol and drug education program. However, the program duration is 60 hours if the offender's BAC was 0.20 during the DUI arrest event.

Second-time DUI offenders may need to complete an 18-month multiple offender program. To complete the program, they must attend the following:

• 52-hours group counseling
• 12-hour alcohol and drug education.
• A biweekly individual interview for 12 months.
• 6 hours of community reentry monitoring.

Third-time DUI offenders may need to attend a 30-month program that includes the following:

• 78 hours of group counseling.
• 12 hours of alcohol and drug education.
• 120 to 300 hours of community service.

The California Department of Health Care Services (DHCS) is responsible for issuing licenses to DUI drug education program providers. Interested parties may search the agency's list of licensed DUI education providers in their county.

Note: Offenders are generally responsible for paying all costs incurred during these programs. Enrollment costs may depend on the program duration, provider, offense type, and financial assistance. An updated list of program fees is available on the DHSC's website.

Prospective participants may also apply for financial aid by contacting their preferred licensed DUI program provider. The provider will review the request and determine if the driver qualifies for an extended payment plan or reduced program fee.

How to enroll in a DUI education or treatment program in California

DUI offenders may enroll in a DUI education program by following these steps:

1. Ensure you meet the eligibility criteria; only convicted DUI offenders may enroll in a DUI treatment program.
2. Search for licensed DUI program providers via the DHCS online list.
3. Contact the agency and inquire about their payment plans and financial aid, if available.
4. Provide the required documents, such as the DMV documentation, court referral, Photo ID, and financial statement.

Step 4: Get SR-22 Insurance or Equivalent

The SR-22 is an insurance document that proves you meet the minimum auto liability coverage. This document is often part of the requirements for reinstating a driver's license after a DUI conviction. You also need the document when applying for an ignition interlock device.

In California, the courts or the DMV will notify convicted DUI offenders if they need to obtain an SR-22. Offenders may obtain this document by contacting their auto insurance company. The insurance company may charge an average of $300 for this document. Upon receiving an SR-22, you must file it with the DMV and maintain it for at least three years.

Step 5: Pay Reinstatement Fees

You may pay reinstatement fees through the California Department of Motor Vehicles' online payment portal. The agency may charge different fees based on the offender's number of convictions or other related circumstances. For instance, first-time offenders must pay the following fees via the online platform:

• $55 reissue fee.
• $125 admin per se reissue fee.
• $15 DMV admin fee.

However, the reinstatement fee differs for underage or second-time offenders. The former must pay a $100 reissue fee, while second-time offenders pay a $20 court restriction fee.

Note: California's DMV allows direct bank transfers and credit or debit cards for reinstatement payments.

Step 6: Submit Your License Reinstatement Application

Applications for a license in California typically involve the following:

1. First, determine if you are eligible to reinstate your driver's license. In most cases, you are eligible to reinstate after the suspension period has elapsed.
2. Gather necessary documents and fees:
   1. An SR-22 insurance certificate.
   2. Proof that you completed a required course.
   3. Vehicle license information, like the license plate number or the last five characters of your vehicle identification number.
   4. The reinstatement fee covers your unique DUI offense. Determine your total reinstatement cost by filling out the DMV reinstatement fee form.
3. Next, fill out the required information on this application portal. Alternatively, you may reinstate your driver's license by booking an appointment and visiting the DMV at:
   2415 First Avenue
   P.O. Box 942890
   Sacramento, CA 94290-0001

What If You're Denied License Reinstatement in California?

The California Department of Motor Vehicles may refuse to reinstate a driver's license for these reasons:

• You have not fulfilled the court-imposed sentence or condition.
• You still have unpaid fines or court costs related to your DUI violations.
• You have a pending DUI case.
• You submitted incomplete or incorrect documentation.

To appeal the denial, you may request an administrative review or file a petition for a writ of mandamus. You must request a review within 15 days of receiving the denial. Drivers must pay a filing fee and state why they believe the decision was wrong.

In contrast, you may file a writ of mandamus in the county's superior court. The court will then determine if the DMV's decision was justified.

Hardship Licenses: Driving with Limited Privileges

The restricted driver's license in California allows DUI offenders to drive to specific locations during license suspension. Per California Vehicle Code 13352, offenders are eligible to receive a restricted interlock device under these conditions:

• It has been over 30 days since your driver's license was revoked.
• You have installed an ignition interlock device.
• You have enrolled in a licensed DUI program pursuant to Section 11836 of the Health and Safety Code.
• You agree to complete the DUI program.
• You agree to maintain the ignition interlock device.

Eligible applicants may apply for a restricted driver's license via these steps:

1. Complete the Application for Critical Need Restriction (DS69)
2. Attach the following documents:
   1. A certificate that proves you installed an ignition interlock device.
   2. An SR-22 insurance certificate.
3. Include a $100 reissue fee.
4. Send these documents and the fee to:
   Drivers' Safety Action Unit
   2570 24th Street
   M/S J256
   Sacramento, CA 95818
   Phone: (916) 657-6452

How Long Does It Take to Get Your License Back After a DUI?

California DUI offenders may file to reinstate their license after completing the court-imposed conditions or penalties. For instance, drivers must have completed the DUI program and provided a 3-year SR-22 insurance certificate.

However, the timeline for reinstatement may sometimes differ based on the circumstances of the DUI conviction. Case in point: First-time offenders may get their license after completing these conditions:

• A six-month driver's license suspension.
• An SR-22 insurance certificate.
• Certificate of completion for a court-imposed DUI program.