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How Long Will My Driver's License Be Suspended for a DUI?

Posted by Robert Berglund | Apr 04, 2022

If you are convicted of driving under the influence (DUI) your California driver's license will be suspended.  The length of suspension will be determined by a number of factors, including the number of prior offenses you have, whether or not the DUI involved injury, how high your blood alcohol content (BAC) was, whether you were under 21 years of age, and whether you refused to submit to a breath or blood test following arrest.  To make matters even more complicated, there are two separate actions that can be initiated against you following a DUI arrest: the DMV administrative action (APS) and the criminal charges filed in court.  Assuming that there are both an APS and court conviction, and you are 21 years of age or older, the suspension terms for the below offenses are as follows:

  • 1st time DUI offense (non injury) - 6 months total suspension period if your BAC is less than .20.  However, you may install an Ignition Interlock Device (IID) in your vehicle and have your license immediately re-issued.  If the BAC is over .20, and you are ordered by the court to attend the 9 month alcohol program, the suspension period is 10 months, however you can still get the IID restricted license immediately.  Before DMV will re-issue your driver's license, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program.  The IID must be kept on for at least 6 months.  The IID allows you unlimited driving privileges, you are not restricted to driving to/from work, etc. only.  You also have the option of obtaining a traditional "work restricted" driver's license.  This allows you to driving to/from work, during the course of employment, and for alcohol program activities (e.g., to/from the alcohol program classes and AA meetings).  A final option is to serve a 6 month suspension of your driver's license.  You will not be allowed to drive at all during this time.  CONTACT our office to talk about your specific situation.  
  • 1st time DUI offense (with injury)- 1 year license suspension.  However, you are eligible for a restricted driver's license with installation of the IID.  The requirements are the same as above for a 1st time DUI offense without injury.  However, you do not have the other options.  You cannot get the "work restricted" license.  You must install the IID if you want to drive.  It does not matter whether or not the DUI with injury conviction is a felony or a misdemeanor. 
  • 1st time DUI offense - Refusal - If you refused to submit to a breath or blood test following your DUI arrest your license will be suspended for 1 year.  You are not eligible for any type of restricted driver's license.
  • 2nd time DUI offense (non injury) - 2 year license suspension.  If the DUI involves alcohol only, not drugs, you may install the IID in your vehicle and have your license immediately re-issued.  As with 1st time offenders, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program before DMV will re-issue your license.  You must keep the IID installed for a period of 12 months.  If the DUI involved drugs you must sit out a 12 month hard suspension first before you can obtain a restricted license. 
  • 2nd time DUI offense (with injury) - 2 year license suspension.  However, you are eligible for a restricted driver's license with installation of the IID.  The requirements are the same as above for a 1st time DUI offense with injury.  You also do not have the option of getting the "work restricted" license.  You must install the IID and it must remain on your vehicle for at least two years.  The Court may order it for up to 3 years regardless whether the conviction is a felony or a misdemeanor.  If the DUI involved drugs you must sit out a 12 month hard suspension first before you can obtain a restricted license.  
  • 2nd time DUI offense - Refusal - 2 year license suspension.  You are not eligible for a restricted license of any kind.    
  • 3rd time DUI offense (non injury) - 3 year license suspension.  You may get your license re-issued immediately with installation of the IID as long as the offense involved alcohol only.  As with 1st and 2nd time offenders, you must provide proof of IID installation, proof of insurance (SR-22), and proof of enrollment in the alcohol program before DMV will re-issue your license.  You must keep the IID installed for a period of 3 years.  If the DUI involved drugs you must sit out a 12 month hard suspension first before you can obtain a restricted license.  
  • 3rd time DUI offense (with injury) - 5 year license suspension.  You may immediately apply for a restricted license with installation of the IID.  The same DMV requirements (IID, SR-22, enrollment in alcohol program) apply here.  You must keep the IID installed for 3 years.  If the DUI involved drugs you must sit out a 12 month hard suspension first before you can obtain a restricted license.  
  • 3rd time DUI - Refusal - 3 year license suspension.  You are not eligible for a restricted license of any kind.  

Note that a number of circumstances can cause the length of the suspension period to vary, such as an APS suspension but no court conviction, a new DUI conviction while on DUI probation on a previous case, and whether drugs were involved.  Also, drivers under the age of 21 suffer much more serious consequences for DUI offenses. 

Your driving privilege will not be fully reinstated, in any situation described above, until you complete the required alcohol program and pay all DMV reinstatement fees.  As you can see after reading the summary of suspensions above, the consequences become more severe as the number of prior offenses increases.  Contact Berglund Law Office, P.C. today to discuss the circumstances of your situation with DUI Lawyer Robert D. Berglund.  In situations involving alcohol with a BAC over .08, DMV will automatically suspend your license 10 days following your DUI arrest if you do not request a hearing and stay of the suspension.  Time is of the essence if you want to protect your privilege to legally drive. CONTACT us today for a free and confidential consultation.

About the Author

Robert Berglund

Attorney Robert D. Berglund is dedicated to handling any and all traffic violations, including traffic infraction tickets, as well as misdemeanor criminal traffic violations, such as driving under the influence (DUI), driving on a suspended license, and reckless driving.

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