How California suspends your license after a DUI
California suspends your driver's license in two separate processes after a DUI arrest, and they operate on different timelines with different rules. The first suspension comes from the Department of Motor Vehicles (DMV) itself, triggered automatically when you are arrested. The second comes from the court if you are convicted. Understanding which suspension applies to you right now, and what you can do about each one, determines whether you can drive legally while your case is pending.
The DMV suspension is not a punishment — it is an administrative action based on the arrest alone, regardless of whether you are eventually convicted. California law treats a DUI arrest as grounds for when ready license suspension because the state considers driving after consuming alcohol a threat to public safety. This suspension can begin as soon as 30 days after your arrest, unless you request a hearing to contest it.
The court suspension, by contrast, is a penalty imposed only if you are convicted of DUI. It is separate from the DMV action and runs on its own schedule. You can face both suspensions at the same time, one after the other, or only one depending on the outcome of your case.
Key Takeaways
- The DMV suspends your license automatically after a DUI arrest, starting 30 days after arrest unless you request a hearing to contest it.
- You have 10 days from the date on your arrest report to request a DMV hearing, or the suspension becomes permanent for that arrest.
- A separate court-ordered suspension applies only if you are convicted, and it typically lasts longer than the DMV suspension.
- You may be able to drive with restrictions (a work permit or restricted license) during the suspension period, depending on the type of arrest and your driving history.
- The suspension period varies based on whether it is a first offense, prior DUI convictions, and whether you refused a chemical test.
The DMV administrative suspension timeline
When you are arrested for DUI in California, the arresting officer takes your physical license and gives you a pink notice called a Notice of Suspension/Revocation. This notice is not the suspension itself — it is a warning that the suspension will begin in 30 days unless you act. The 30-day window is your only chance to request a hearing before the suspension takes effect.
You must request that hearing within 10 days of the arrest date shown on your notice. The date matters: it is 10 calendar days, not business days, and it is measured from the date printed on the arrest report, not the date you received the notice. If you miss this 10-day window, you lose the right to a hearing, and the suspension becomes automatic on day 31.
If you request a hearing within the 10-day window, your license remains valid while you wait for the hearing to be scheduled. The DMV typically schedules hearings weeks or months out, so you may be able to drive for several months after your arrest while the hearing is pending. If you do not request a hearing, or if you request one but lose it, the suspension takes effect on day 31 and you cannot legally drive except under the restrictions described below.
Suspension length based on arrest circumstances
The length of the DMV suspension depends on three factors: whether this is your first DUI arrest, whether you have prior DUI convictions in the past 10 years, and whether you refused to take a chemical test (breath or blood test) when police asked.
| Situation | DMV Suspension Length |
|---|---|
| First DUI arrest, took chemical test | 4 months |
| First DUI arrest, refused chemical test | 1 year |
| Second DUI in 10 years, took chemical test | 1 year |
| Second DUI in 10 years, refused chemical test | 2 years |
| Third or more DUI in 10 years, took chemical test | 2 years |
| Third or more DUI in 10 years, refused chemical test | 3 years |
These are the DMV suspension lengths only. If you are convicted in court, the court will impose its own suspension on top of or after the DMV suspension ends. The two do not run at the same time — typically the DMV suspension runs first, and then the court suspension begins when the DMV suspension ends.
Court-ordered suspension after conviction
If you are convicted of DUI, the court imposes a separate license suspension as part of your sentence. This suspension is distinct from the DMV administrative suspension and is based on the conviction, not the arrest. The court suspension typically begins after the DMV suspension ends, though the exact timing depends on how your case is resolved and what the judge orders.
For a first DUI conviction, the court suspension is usually 6 months. For a second conviction within 10 years, it is typically 2 years. For a third or subsequent conviction within 10 years, it is 3 years or longer. However, judges have discretion to impose longer suspensions, and some may order suspensions to run concurrently with the DMV suspension rather than consecutively.
The court can also order a restricted license (also called a limited license) that allows you to drive to and from work, school, or court-ordered programs during the suspension period. Whether you receive a restricted license depends on the judge's decision and whether you meet certain conditions, such as installing an ignition interlock device in your vehicle.
Restricted licenses and work permits during suspension
California allows you to request a restricted license during a DUI suspension, which permits you to drive for specific purposes: commuting to and from work, school, medical appointments, or court-ordered DUI programs. A restricted license is not automatic — you must request it, and the DMV or court must approve it.
For a DMV administrative suspension, you can request a restricted license at your DMV hearing, or you can request one after the suspension has been in effect for 30 days. You will need to show proof of enrollment in a DUI program (for a first offense) or proof of an ignition interlock device installation (for a refusal or multiple offenses). The DMV charges a fee for issuing a restricted license, which varies but is typically around $100 to $150.
For a court-ordered suspension, the judge decides whether to grant a restricted license as part of the sentence. If the judge does not grant one, you can petition the court later to reconsider, but this requires showing changed circumstances or hardship. Some courts are more willing to grant restricted licenses than others, so the outcome depends partly on the judge assigned to your case.
What you need to do now if your license is suspended
If you were arrested for DUI within the last 10 days, your first step is to request a DMV hearing. Contact the DMV office in the county where you were arrested and request an administrative per se hearing (that is the formal name for the DUI license suspension hearing). You can request it online through the DMV website, by phone, or in person. Do this when ready — waiting until day 9 or 10 leaves no margin for error.
If your arrest was more than 10 days ago and you did not request a hearing, your DMV suspension is now in effect (or will be on day 31 if you are still in the window). You cannot undo a missed hearing important date, but you can request a restricted license if you have been suspended for at least 30 days and you meet the program requirements.
If you have a court date scheduled, bring a copy of your DMV notice and any hearing documents to your attorney or to court. The court will want to know the status of the DMV suspension and whether you have requested a restricted license, because this affects what the judge can order regarding your driving privileges.
Reinstating your license after the suspension ends
When your suspension period ends, your license does not automatically become valid again. You must take active steps to reinstate it, or you will still be driving illegally even though the suspension period has passed.
To reinstate your license after a DMV administrative suspension, you must visit a DMV office in person with a valid form of identification and pay a reinstatement fee (typically $100 to $200, depending on the reason for suspension). The DMV will issue you a new license or a temporary driving permit valid until your new license arrives by mail.
If your suspension was due to a court conviction, the court will notify the DMV when the suspension period ends, but you still need to visit the DMV to obtain a new license. Some courts require you to show proof of completion of a DUI program or proof of ignition interlock installation before the DMV will reinstate your license, so check with the court or your attorney about what documents you need to bring.
Frequently Asked Questions
Can I drive at all during the suspension?
Not legally, unless you have a restricted license. Driving with a suspended license is a separate crime in California and can result in additional fines, jail time, and a longer suspension. A restricted license is your only legal way to drive during the suspension period, and you must follow the restrictions exactly (driving only to and from approved locations).
What happens if I miss my DMV hearing?
If you request a hearing but do not show up, the DMV will rule against you by default, and your suspension becomes permanent for that arrest. You cannot request another hearing for the same arrest. Your only option after that is to request a restricted license after 30 days of suspension.
Does the DMV suspension end if I am found not guilty in court?
No. The DMV suspension and the court case are separate. Even if you are acquitted in court, the DMV suspension remains in effect unless you won your DMV hearing. The only way to stop the DMV suspension is to win at the administrative hearing or to request a restricted license.
How long does it take to get a restricted license?
If you request a restricted license at your DMV hearing, the DMV can issue it when ready if you are approved. If you request one after the suspension has been in effect for 30 days, it typically takes 1 to 2 weeks for the DMV to process and mail it to you. During that time, you cannot legally drive.
Do I have to install an ignition interlock device?
For a first DUI with a chemical test, an ignition interlock is not required by the DMV, but the court may order one as part of probation. For a first DUI with a refusal, or for any second or subsequent DUI, California law requires an ignition interlock device. You must install it before you can obtain a restricted license, and you must keep it installed for the duration of the suspension and any probation period.