What You Need To Know About Reinstating Your License After A DUI Offense

by | Apr 29, 2021 | Uncategorized

What You Need To Know About Reinstating Your License After A DUI Offense

In California, following a DUI conviction, (driving under the influence), your driver’s license can be reinstated. There are restrictions and compliances that apply, including any applicable suspensions.

The process of reinstating your license in California can consist of filing (with the DMV) proof of financial responsibility, completing a DUI program, and paying the DMV (Department of Motor Vehicles) reissue fee for a license.

However, do not confuse challenging a license suspension with initiating reinstatement. Only after a driver has competed the license suspension period can reinstatement occur. If applicable, jail time may need to be completed as well.

If a driver requests an administrative hearing, they can challenge a suspension with the DMV. This means that the agency’s decision to suspend their license is being disputed – all resulting from a DUI.

How Long Will My License Be Suspended?

The total length of a driver’s license suspension for a motorist convicted of DUI depends on several factors. These are as follows:

  • The specifically charged crime (a DUI causing injury versus standard DUI)
  • The motorist’s record regarding number of prior DUIs
  • Pertaining to the case at hand, specific facts and/or circumstances

After California DUI – Reinstating Your Driver’s License

Following a DUI conviction, to reinstate your driver’s license, there are several steps that must be taken. These include the following:

  • There will be a license suspension period that must be successfully completed.
  • If a jail sentence was imposed, this must be completed as well.
  • A DUI program must be completed. (This can run as long as nine months or as little as 90 days, depending on the BAC – blood alcohol concentration – of the defendant.)
  • Proof of financial responsibility must be filed with the DMV, and…
  • A license reissue fee must be paid to the DMV. (This can vary but can be as much is $150 or as little as $100.)

Notice of Suspension – Challenging The Notice

As mentioned earlier, challenging the suspension and getting your license reinstated are two different things. A notice of suspension is provided to a driver after a DUI arrest. This means the person who has been arrested:

  • Was arrested because of a DUI charge.
  • Will receive an initiation of the driver’s license suspension by the DMV.

By requesting a DMV administrative hearing, you can challenge the suspension. It is your right. Within 10 days of your arrest, however, the request must be made.

A DMV office meeting – or hearing – will be run by a DMV hearing officer. No legal background is required for this employee. The department can suspend your license at a DMV hearing if they can prove the following:

  • The breathalyzer test or blood test was refused by the driver.
  • With a BAC of .08 or more, the driver operated the vehicle.
  • There was a legal arrest/stop for DUI.

Please take note that these circumstances do not have to be proven beyond a reasonable doubt, as is the case in an official/legal court of law. A preponderance of evidence is all that is needed here. Also, take note a court suspension for a DUI is a separate matter from a DMV suspension.

Whom To Turn to after a DUI Offense

At Jackson-Bibby Awareness Group, we want you to know you are not alone if you have incurred a DUI conviction. Whether it is your first or subsequent conviction, we can assist you in getting your life back on track. There will be certain obligations you need to fill, by law. We can help.

Please feel free to take a look at our FAQs.